Vikas Kumar And ORS v. State Govt. Of NCT Of Delhi And ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5310/2024 VIKAS KUMAR AND ORS .....Petitioners Through:
Mr. Harshit Khanna and Mr. Ankur Singh, Advs.
with petitioners in person.
versus STATE GOVT. OF NCT OF DELHI AND ANR .....Respondents Through:
Mr. Nawal Kishore Jha, APP for State with SI Anugraha PS Welcome Respondent no. 2 in person.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 16.01.2025 1.
The present petition has been filed under Article 227 of Constitution of India 482 CrPC read with Section 482 CrPC seeking quashing of FIR No.0028/2021 under Sections 498A/406/34 IPC registered at Police Station Welcome, Delhi 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), petitioner nos. 2-6, who are The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
close relatives of petitioner no.1, as well as, respondent no. 2 (former wife) are present in the Court and they have been identified by their respective counsel, as well as, by the Investigating Officer SI Anugraha PS Welcome. 4.
The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 14.07.2016 according to Hindu Rites and Customs.
5.
On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 13.11.2019. The dispute between the parties also led to the registration of present FIR. 6.
During the pendency of the proceedings, the parties were referred to Counselling Cell, Family Courts, Karkardooma Courts, Delhi where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 25.08.2022, which is annexed as Annexure C 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 31.01.2024, which is annexed as Annexure D 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.1,50,000/- 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. The entire amount has already been paid by petitioner no.1 to respondent no.2 in the manner as mentioned in the settlement. 9.
The receipt of entire amount of Rs.1,50,000/- is acknowledged by the 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, 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 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.0028/2021 under Sections 498A/406/34 IPC registered at Police Station Welcome, Delhi 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 JANUARY 16, 2025 N.S. ASWAL The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.