High Court of DelhiCRL.M.C./5055/2024

Sh. Manoj Singh Chauhan And ORS. v. State NCT Of Delhi And ANR.

2024-09-12Hon'Ble Mr. Justice Dinesh Kumar Sharma6 pages

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5055/2024 SH. MANOJ SINGH CHAUHAN AND ORS.

.....Petitioners Through:

Mr. Shubham Sharma, Adv. with petitioners.

versus STATE NCT OF DELHI AND ANR.

.....Respondents Through:

Ms. Kiran Bairwa, APP for State and SI Deepak Sharma, PS Dabri and ASI Rejender, District Line, Dwarka.

Mr. Sahil Gandhi, Mr. Lal Singh Thakur, Mr. Sudhir Tewatia, Mr.

Mehul Gulati, Advs. with R-2.

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA % 12.09.2024

O R D E R

The Present petition has been filed under section 482 Cr.P.C for quashing of FIR No. 792/2021 dated 23.09.2021 registered under Section 498A/406/34 IPC at PS Dabri and all the other proceedings emanating therefrom.

Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 30.11.2020 in accordance with the Hindu Rites and Ceremonies and no child was born out of the said wedlock. However, on account of temperamental differences and mental incompatibility, the parties started living separately and instituted multiple litigations against each other and their respective The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

families including the present FIR.

Learned Counsel further submits that during the pendency of the proceedings, the parties have resolved their disputes amicably, and in furtherance thereof, they have entered into a settlement agreement dated 21.03.2024 recorded at Delhi Mediation Centre, Dwarka Courts, New Delhi.

Pursuant to the settlement, it is submitted by both parties that the marriage between them has already been dissolved on 22.05.2024 as per law.

Furthermore, the Learned Counsel for the petitioners submits that since the parties have resolved all their differences amicably, therefore, it would be in the interest of justice to quash FIR No. 792/2021 dated 23.09.2021 registered under Section 498A/406/34 IPC at PS Dabri and all the other proceedings emanating therefrom. 6.

I have gone through the settlement deed dated 21.03.2024 which has been placed on record. The settlement agreement provides for the following terms and conditions:

"a) The revisionist/husband and the respondent/wife shall seek divorce by mutual consent.

b) The revisionist/husband shall pay a sum of Rs. 11,00,000/- (Rupees eleven lacs only) alongwith two gold chains, one gold ring to the respondent/wife towards full and final settlement of all her claims regarding permanent alimony, stridhan and maintenance (past, present and future).

c) The settled sum of Rs. 11,00,000/- (Rupees eleven lacs only) shall be paid by the revisionist/husband to the respondent/wife in three installments by way of demand The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

draft, as under :-

(1) First installment of Rs. 4,00,000/- (Rupees four lacs only) shall be paid by the revisionist/husband to the respondent/wife at the time of recording of their joint statement in the first motion petition u/s.13-B(1) of HMA, which shall be jointly filed by both the parties, on or before 30.04.2024. At the same time the revisionist/husband shall handover two gold chains, one gold ring to the respondent/wife.

(ii) Second installment of Rs. 4,00,000/- (Rupees four lacs only) shall be paid by the revisionist/husband to the respondent/wife at the time of recording of their joint statement in the second motion petition u/s.13-B(2) of HMA. Both the parties shall move second motion petition for divorce within fifteen days of expiry of the minimum statutory period or any time sooner as per law. (iii) Third installment of Rs. 3,00,000/- (Rupees three lacs only) shall be paid by the revisioninst/husband to the respondent/wife at the time of quashing of FIR No. 792/2021, State Vs Manoj Chauhan, P.S. Dabri, U/s 498A/406/34 IPC, before the Hon'ble High Court of Delhi. Revisionist/husband Sh. Manoj Singh Chauhan S/o Sh. Nepal Singh; Sh. Nepal Singh S/o Late Sh. Udham Singh; Smt. Lajja Devi W/o Sh. Nepal Singh; Sh. Karan Singh @ Deepak S/o Sh.

Nepal Singh; Ms. Anushka Chauhan @ Poonam D/o Sh. Nepal Singh; Ms. Neelam D/o Sh. Nepal Singh and Ms. Ambika Chauhan @ Rajni D/o Sh. Nepal Singh, shall move appropriate petition(s) for quashing of abovesaid FIR, before the Hon'ble High Court of Delhi, within one month from the grant of decree of divorce by mutual consent. Ms. Pushpa Tomar/complainant, in the abovesaid FIR undertakes to appear before the Hon'ble High Court of Delhi to sign the necessary affidavits, NOC and to cooperate in getting the said proceedings quashed. It has been apprised to the parties that if the parties move quashing petition, then the quashing of the present FIR is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the discretionary power of the Hon'ble High Court of Delhi. All the claims have been settled in totality for quashing of above mentioned FIR and proceedings emanating therefrom qua all person(s)/respondent(s) named in the abovesaid FIR.

7. Both parties shall withdraw their respective cases within a month after recording of statement in the first motion petition u/s.13-B(1) of HMA.

8. It is agreed between the parties that if the revisionist/husband back out at any time till the completion of all the terms of the present settlement, then the amount already paid by him to the respondent/wife shall be forfeited and if the respondent/wife back out at any time till the completion of all the terms of the present settlement then the amount already received by her shall be returned by her alongwith interest @ 12% per annum.

9. It is further agreed between the respondent/wife and the revisionist/husband that they would not file any case in future against each other and / or their respective family members in connection with this marriage. Both the parties will not be left with any grievance against each other as well as their respective families.

10. Both the parties shall make appropriate statements before the concerned courts and shall cooperate with each other in all the legal proceedings, so as to give effect to this settlement.

11. In case any party does not abide by the terms and conditions of this settlement, the other party shall be at liberty to take appropriate action as per law.

12. The parties shall be bound by the terms and conditions as mentioned above.

13. Both the parties shall bear their respective cost of litigation.

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

14. By signing this settlement, both the parties state that they have no further dispute against each other in respect of the present revision and the above mentioned connected cases and all the disputes and differences in this regard have been amicably settled by them during the mediation.

15. The contents of the settlement have been explained to both the parties in Hindi and they have understood the same. Both the parties undertake that they have consented and signed the above settlement after going through and understanding its contents and they have settled the dispute between themselves of their own free will and without any coercion, pressure, undue influence, force, misrepresentation or mistake from any quarter." 7.

As per settlement, a demand draft bearing DD No. 345173 dated 06.09.2024 in the name of Pushpa Tomar of Rs.3,00,000/- (Rupees Three Lakhs only) drawn from Punjab National Bank is handed over to the respondent No.2 in the Court. Respondent No. 2 states that she has received the entire settlement amount.

It is settled that the inherent powers under section 482 of the Code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash non- compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Supreme Court and this Court have repeatedly held that the cases arising out of matrimonial differences should be put to a quietus if the parties have reached an amicable settlement. Reliance may be placed upon: B.S. Joshi v. State of Haryana, (2003) 4 SCC 675; K. Srinivas Rao v. D.A.Deepa, (2013) 5SCC 226; Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another, 2019 SCC OnLine Del 8179. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Both parties are present in court and have duly been identified by the IO. Respondent No. 2 submits that she has entered the settlement voluntarily without any fear, force, or coercion. She submits that other petitions have already been withdrawn or dismissed. And since the marriage between the parties has also been dissolved as per Hindu Rites, she has no objection if FIR No. 792/2021 dated 23.09.2021 registered under Section 498A/406/34 IPC at PS Dabri and all the other proceedings emanating therefrom are quashed.

10. Taking into account the totality of facts and circumstances of the case, this court considers that the parties have entered into an amicable settlement out of their own free will, without any fear, force or coercion and they should be given an opportunity to lead their lives peacefully. No purpose will be served in continuing with the trial.

11. In view of the above, FIR No. 792/2021 dated 23.09.2021 registered under Section 498A/406/34 IPC at PS Dabri and all the other proceedings emanating therefrom are quashed.

12. The present petition along with all the pending applications, if any, stand disposed of.

DINESH KUMAR SHARMA, J SEPTEMBER 12, 2024/AR/HT..

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