Saurav Chatterjee & ORS. v. State Of NCT Of Delhi And ANR

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5710/2024 SAURAV CHATTERJEE & ORS.

.....Petitioners Through:

Mr.Abhishek Singh and Mr. Sandeep Kumar, Advs. with petitioners through VC versus STATE OF NCT OF DELHI AND ANR .....Respondents Through:

Mr. Utkarsh, APP for State with SI Parveen Kumar PS Malviya Nagar Mr. Garima Singh, Adv. for R-2 (through VC) with R-2 through VC.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 25.02.2025 CRL.M.A. 21815/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 5710/2024 3.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.0699/2021 under Sections 498A/406/34 IPC registered at Police Station Malviya Nagar, District South, Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

4.

Issue notice. The learned APP for the State accepts notice. He submits The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/03/2025 at 11:59:50

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.

5.

The petitioner no.1 (former husband), petitioner nos.2 and 3, who are close relatives of petitioner no.1, as well as, respondent no. 2 (former wife) have joined through VC. The parties have been identified by their respective counsel, as well as, by the Investigating Officer SI Parveen Kumar PS Malviya Nagar.

6.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 18.11.2018 according to Hindu Rites and Customs. Out of the said wedlock, no child was born. 7.

On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 03.03.2019. The dispute between the parties also led to the registration of present FIR. 8.

During the pendency of the proceedings, the parties were referred to Mediation Centre, Saket Courts, New Delhi where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 22.11.2022, which is annexed as Annexure P-4 to the present petition. 9.

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 24.02.2023, which is annexed as Annexure P-6 to the present petition.

10.

It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs.5,00,000/- to the respondent no.2 towards full and final settlement of all her claims on account of streedhan, permanent alimony, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/03/2025 at 11:59:50

dowry articles, maintenance (past, present and future) etc. The entire amount of Rs. 5,00,000/- has already been paid by petitioner no.1 to respondent no. 2 in the manner stated in the settlement.

11.

The receipt of entire amount of Rs.5,00,000/- is acknowledged by the respondent no.2, who has joined through VC.

12.

The respondent no.2, on a query posed by the Court, states that she has no objection in case the FIR is quashed.

13.

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.

14.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.

15.

Consequently, the petition is allowed and the FIR No.0699/2021 under Sections 498A/406/34 IPC registered at Police Station Malviya Nagar, District South, Delhi alongwith all other proceedings emanating therefrom, is quashed.

16.

The petition stands disposed of in the above terms. 17.

Order be uploaded on the website of this court. VIKAS MAHAJAN, J FEBRUARY 25, 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. The Order is downloaded from the DHC Server on 11/03/2025 at 11:59:51