Manpreet Singh & ORS. v. State Of NCT Of Delhi And ANR.

$~63 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5316/2024 MANPREET SINGH & ORS.

.....Petitioners Through:

Mr. Mohit Auluck, Advocate with petitioners in person.

versus STATE OF NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Satinder Singh Bawa, APP for State.

Mr.

Ashu Ralhan & Ms.

Dolly, Advocates for R-2 with R-2 appearing through VC.

S.I. Kulbir Singh, PS Hari Nagar, Delhi.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 15.07.2024 CRL.M.A. 20317/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

CRL.M.C. 5316/2024 3.

The present Petition under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C., 1973") has been filed on behalf of the petitioners seeking to quash the FIR No. 81/2023 registered under Sections 498A/406/377/354A/34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC, 1860") at Police Station Hari Nagar, Delhi. 4.

Issue notice.

5.

Mr. Satinder Singh Bawa, learned Additional Public Prosecutor appearing on advance notice, accepts notice on behalf of the State. 6.

Mr. Ashu Ralhan, learned counsel appearing on advance notice, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

accepts notice on behalf of the respondent No. 2. 7.

Brief facts of the case are that the marriage was solemnized between petitioner No. 1 and respondent No. 2 on 10.12.2017 according to Sikh rites and ceremonies and no child born from the said wedlock. 8.

It is further submitted that on 01.12.2022, the respondent No. 2 lodged a Complaint bearing No. 1230/2022 with the Crime Against Woman Cell, Kirti Nagar, Delhi.

9.

It is also submitted that 13.03.2022 on the complaint of respondent No. 2, an FIR bearing No. 81/2023 under Sections 498A/406/377/354A/34 of the IPC, 1860 got registered at Police Station Hari Nagar, Delhi. 10.

It is submitted that during the pendency of the litigations, with the efforts of elders and relatives, the parties have amicably settled all the disputes and differences between them vide Settlement Agreement dated 15.09.2023 in Delhi Mediation Centre, Tis Hazari Courts, Delhi which inter alia states that: - (i) That the respondent No. 2/wife and the petitioner No. 1/husband shall dissolve their marriage by decree of mutual consent, (ii) A total sum of Rs. 22,00,000/- shall be paid to the respondent No. 2/wife by the petitioner No. 1 towards her full and final amount of all the claims, (iii) First instalment of Rs. 5,50,000/- shall be paid at the time of recording of statement of First Motion Petition, (iv) Second instalment of Rs. 5,50,000/- shall be paid at the time of withdrawal of Case bearing MT No. 338/2023, (v) Third instalment of Rs. 5,50,000/- shall be paid at the time of recording of statement of 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.

(vi) That the respondent No. 2 shall execute RD in respect of Flat No. W-406, G First Floor, Plot No. 71, Janak Park, Hari Nagar, Delhi in favour of the petitioner No. 1 within 15 days from recording of statement of parties under Second Motion Petition, (vii) Fourth instalment of Rs. 5,50,000/- shall be paid by the petitioner No. 1 to the respondent No. 2/wife at the time of quashing of FIR.

(viii) That all the pending cases against the petitioners shall be withdrawn by the respondent No. 2.

11.

It is further stated that Rs. 16,50,000/- has already been paid by the petitioner No. 1 to the respondent No. 2 viz., the aforesaid three instalments. 12.

It is also stated that the marriage between the petitioner No. 1 and the respondent No. 2/wife has been dissolved vide Decree of Divorce dated 01.03.2024.

13.

In view of the Settlement Agreement dated 15.09.2023, the present petition has been filed.

14.

The petitioners are present before this Court in-person today, whereas respondent No. 2 is appearing through video conferencing and they have been identified by their counsel and Investigating Officer concerned. 15.

The fourth instalment of Rs. 5,50,000/- has been paid to the respondent No. 2/wife by the petitioner No. 1 today, vide Demand Draft No. 579137 dated 29.06.2024 made in favour of the respondent No. 2/Gurpreet Kaur, drawn on Punjab National Bank, Bharati College, Janakpuri, Delhi and the same has been accepted by the respondent No. 2/wife. 16.

The parties have submitted that all the disputes have been amicably settled vide Settlement Agreement dated 15.09.2023 and thus, no fruitful The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

purpose will be served in continuing with the FIR. 17.

The present petition has been signed by all the petitioners and the respondent No. 2 and is supported by their respective affidavits. The parties have reaffirmed the terms of the settlement and they also submit that the said settlement has been arrived at between the parties without any pressure and coercion.

18.

Today, the complainant/respondent No. 2/wife, who is present in Court, states that she has received all amounts due to her and has no objection if the FIR is quashed.

19.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. 20.

Moreover, there is no legal impediment in quashing the FIR in question.

21.

Accordingly, FIR bearing No. 81/2023 registered at Police Station Hari Nagar, Delhi, for offences punishable under Sections 498A/406/377/354A/34 of IPC, 1860 and all consequential proceedings emanating therefrom are quashed.

22.

The petition stands disposed of.

NEENA BANSAL KRISHNA, J JULY 15, 2024 S.Sharma The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.