Gaurav Kumar And Others v. The State And Another
$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4726/2024 GAURAV KUMAR AND OTHERS .....Petitioners Through:
Mr. Pawan Dogra, Adv.
versus THE STATE AND ANOTHER .....Respondents Through:
Ms. Kiran Bairwa, APP for State.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 13.02.2025 1.
The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.354/2018 under Sections 498A/34 IPC registered at Police Station Mansarovar Park and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement. 2.
Issue notice. The learned APP for the State accepts notice. He submits that since the FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed.
3.
The petitioner no.1 (former husband) and the petitioner nos. 2 and 3, who are close relatives of petitioner no.1, as well as, the respondent no. 2 (former wife), who are present in Court and they have been identified by their respective counsel.
4.
The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 01.12.2010 according to Hindu The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Rites and Customs. Out of the said wedlock, one girl child namely, Aadhya Singh was born, who is presently in the care and custody of the petitioner no.1.
5.
On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 11.03.2018. The dispute between the parties also led to the registration of present FIR. 6.
During the pendency of the proceedings, the parties have referred to Delhi Mediation Centre, Karkardooma Courts, where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 30.04.2024, which is annexed as Annexure P-2 to the present petition. 7.
In terms of the said settlement, the parties decided to dissolve their marriage by filing a petition for divorce by way of mutual consent. Accordingly, the petitioner no.1 and respondent no.2 have obtained a decree of divorce dated 21.05.2024, which is annexed as Annexure P-3 to the present petition.
8.
It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs.23 lacs to the respondent no.2 towards full and final settlement of all her claims on account of streedhan, permanent alimony, dowry articles, maintenance (past, present and future) etc. in the manner as mentioned in the settlement.
The entire amount of Rs. 23 lacs has already been paid to the respondent no.2 by the petitioner no.1. 9.
The receipt of entire amount of Rs.23 lacs is acknowledged by the respondent no.2, who is present in court.
10.
The respondent no.2, on a query posed by the Court, states that she has no objection in case the FIR is quashed.
11.
In view of the fact that the parties have arrived at a settlement, no useful The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.
12.
It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.
13.
Consequently, the petition is allowed and the FIR No.354/2018 under Sections 498A/34 IPC registered at Police Station Mansarovar Park alongwith all other proceedings emanating therefrom, is quashed. 14.
The petition stands disposed of in the above terms. 15.
Order be uploaded on the website of this Court. VIKAS MAHAJAN, J FEBRUARY 13, 2025/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.