Deepanshu Kapoor And ORS v. The State NCT Of Delhi And ANR
$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + DEEPANSHU KAPOOR AND ORS .....Petitioners Through:
Mr. Vikas Tanwar, Mr. Arun Singh and Mr. Deepak Yadav, Advocates.
versus THE STATE NCT OF DELHI AND ANR .....Respondents Through:
Ms. Priyanka Dalal, APP for the State W/SI Bela Rani with SI Partap, PS Mohan Garden Mr. Harish K Malhotra, Advocate with R-2/Complainant-in-person.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R
% 09.07.2024 CRL.M.A. 19703/2024 (Exemption) Allowed, subject to all just exceptions.
1.
The present petition under Section 482 of the Code of Criminal Procedure (Cr.P.C.) has been filed for quashing FIR No.220/2022 dated 26.03.2022, registered at Police Station Mohan Garden, New Delhi for the offences punishable under Sections 498A, 406 and 34 of IPC. The present FIR is the outcome of a matrimonial dispute between the parties. The Petitioner No.1 is the husband of Respondent No.2. 2.
It is stated that the parties have resolved their disputes by way of a Settlement Agreement dated 12.12.2022. It is stated by Respondent No.2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
that she does not have any objection if the present FIR against the Petitioners is quashed. As per the Settlement Agreement dated 12.12.2022, the Petitioner No.1 has agreed to pay a sum of Rs.5,00,000/- to the Respondent No.2 towards full and final settlement of all her claims in the following manner:
a) A sum of Rs.2,00,000/- was to be paid at the time of joint statement in the first motion.
b) A sum of Rs.2,00,000/- was to be paid at the time of joint statement in the Second motion.
c) A sum of Rs.1,00,000/- was to be paid at the time of quashing of the FIR.
3.
Today, the Petitioners and the Respondent No.2 are present in Court. The Petitioners have been identified by his Counsel. The Respondent No.2 has been identified by her Counsel and the Investigating Officer SI Bela Rani with SI Partap, PS Mohan Garden. The Respondent No.2 states that she has received the entire amount and settled all her disputes with the Petitioners out of her own free will, without pressure, coercion or undue influence. The parties undertake that they will remain bound by the terms of the settlement arrived at between them before the Mediation Centre, Dwarka Court, New Delhi and the proceedings recorded before this Court 4.
In view of the settlement arrived at between the parties and also in view of the fact that the instant case is squarely covered by the law laid down by the Apex Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303, this Court is of the opinion that no useful purpose would be served in continuing with the present proceedings. Resultantly, the FIR No.220/2022 dated 26.03.2022, registered at Police Station Mohan Garden, New Delhi for The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
the offences punishable under Sections 498A, 406 and 34 of IPC and the proceedings emanating therefrom are hereby quashed. 5.
The petition stands disposed of in the above terms, along with pending application(s), if any.
SUBRAMONIUM PRASAD, J JULY 9, 2024 S. Zakir The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.