Dinesh Kumar And ORS v. State NCT Of Delhi And ANR
$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5285/2024 DINESH KUMAR AND ORS .....Petitioners Through:
Mr. M.R. Jangid and Ms. Puja Dubay, Advocate.
versus STATE NCT OF DELHI AND ANR .....Respondents Through:
Ms. Richa Dhawan, APP Mr. Arjun Mehta, Mr. Bharat Kumar Chauhan, Advocates for Respondent No. 2 SI Purvi, PS Tilak Nagar.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R
% 12.07.2024 CRL.M.A. 20214/2024 (Exemption) Allowed, subject to all just exceptions.
CRL.M.C. 5285/2024 1.
The present petition under Section 482 of the Code of Criminal Procedure (Cr.P.C.) has been filed for quashing FIR No.617/2019, dated 04.12.2019, registered at Police Station Tilak Nagar for the offences punishable under Sections 498A, 506 and 34 of IPC. The present FIR is the outcome of a matrimonial dispute between the parties. 2.
It is stated that the parties have resolved their disputes by way of a Settlement Agreement dated 16.06.2023 arrived at between the parties before Delhi Mediation Centre, Tis Hazari Courts. It is stated by CRL.M.C. 5285/2024 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Respondent No.2 that she does not have any objection if the present FIR against the Petitioners is quashed. As per the Settlement Agreement, Petitioner No.1 has agreed to pay a sum of Rs.14,50,000/- to Respondent No.2 towards full and final settlement of all her claims in the following manner:
a) A sum of Rs.5,00,000/- was to be paid at the time of joint statement in the First Motion.
b) A sum of Rs.5,00,000/- was to be paid at the time of joint statement in the Second Motion.
c) A sum of Rs.4,50,000/- was to be paid at the time of quashing of the present FIR.
3.
The Petitioners and Respondent No.2/Complainant are present in Court today. The parties have been identified by their Counsels and the Investigating Officer. Demand Draft of Rs.4,50,000/- has been handed-over to the Respondent No.2 by the Petitioner No.1 during the course of hte hearing. 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 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, FIR No.617/2019, dated 04.12.2019, registered at Police Station Tilak Nagar for the offences CRL.M.C. 5285/2024 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
punishable under Sections 498A, 506 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 12, 2024 Rahul CRL.M.C. 5285/2024 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.