Sh Vikas Malik And ORS v. The State Of NCT Of Delhi And ANR

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4775/2024 SH VIKAS MALIK AND ORS ..... Petitioners Through:

Petitioners with their counsel (appearance not given.) versus THE STATE OF NCT OF DELHI AND ANR ..... Respondents Through:

Mr. Satinder Singh Bawa, APP for the State with SI Mohit Rathee, P.S.

Mangol Puri.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 31.05.2024 1.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been filed on behalf of petitioners seeking quashing of FIR bearing no. 1184/2018, registered at Police Station Mangol Puri, Delhi for the offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 („IPC‟) and all consequential proceedings emanating therefrom.

2.

Issue notice. Mr. Satinder Singh Bawa, learned APP accepts notice on behalf of State.

3.

All the petitioners are present before this Court and have been identified by their counsel and Investigating Officer (IO) SI Mohit Rathee from Police Station Mangol Puri, Delhi.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Brief facts of the present case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 16.11.2016 as per Hindu rites and Ceremonies at Delhi. It is stated that due to temperamental differences, both the parties started living separately from each other since February, 2020. On the complaint of respondent no. 2, the present FIR was registered on 25.12.2018 against the petitioners for offence punishable under Sections 498A/406/34 of IPC. It is stated that during the pendency of the case, both the parties have amicably settled all their disputes vide Memorandum of Understanding (MoU) dated 06.01.2023 and dissolved their marriage by way of mutual consent.

5.

On a query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 that the entire dispute has been amicably settled between the parties vide MoU dated 06.01.2023. 6.

It is submitted that respondent no.2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with petitioner no.1 and other family members. 7.

As per the settlement agreement, the petitioner no. 1 has paid a sum of Rs. 2,50,000/- in three installments in the following manner: a.

First installment of Rs. 1,00,000/- paid to respondent No. 2 at the time of recording of statement in the first Motion petition; b.

Second installment of Rs. 1,00,000/- paid to respondent No. 2 at the time of recording of statement in the second Motion petition; The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

c.

Third/Final instalment of Rs. 50,000/- to be paid at the time of quashing of the FIR before the Hon‟ble High Court at New Delhi. 8.

Today, the complainant who is present in Court states that she has received the fully and final payment of Rs. 50,000/- and has no objection, if the FIR is quashed.

9.

In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 10.

Accordingly, FIR bearing no. 1184/2018, registered at Police Station Mangol Puri, Delhi for the offences punishable under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom are quashed.

11.

In view of above, the petition stands disposed of. 12.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MAY 31, 2024/A Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.