Varun Singh & ORS. v. The State(Govt Of NCT Of Delhi) & ANR.

$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5831/2024 VARUN SINGH & ORS.

.....Petitioners Through:

Mr. R.P.S. Bhatti, Advocate.

versus THE STATE(GOVT OF NCT OF DELHI) & ANR. .....Respondents Through:

Mr. Shoaib Haider, APP for the State Mr.

J.S.

Kalra (D/660/1990), Advocate for R-2.

SI Srishti, PS Subhash Place.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 31.07.2024 CRL.M.A. 22292/2024 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 5831/2024 1.

The present petition has been filed for quashing FIR No.460/2020 dated 17.10.2020, registered at Police Station Subhash Place for offences under Section 498A/406/506/34 IPC on the ground that the parties have amicably settled their disputes. The present proceedings arise out of a matrimonial dispute between the parties.

2.

The principal ground on which the present petition has been filed is that the parties have amicably resolved their disputes by a settlement agreement dated 15.12.2021, entered into between the parties before Delhi Mediation Centre, Rohini Courts. As per the settlement agreement, the parties have decided to dissolve their marriage by a decree of divorce by The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

mutual consent and that the settlement has been entered into between the parties without any monetary consideration and in full and final satisfaction of the Complainant including all her claims past, present and future arising out of the marriage with the Petitioner No.1/husband which shall include permanent alimony, Istridhan, Dowry articles, maintenance and all other miscellaneous expenses. The settlement agreement also notes that the custody of both the daughters of the Complainant and the Petitioner No.1 herein shall remain with the Complainant/mother and that the Petitioner No.1/Father shall have no visitation rights in any manner whast-so-ever. 3.

The Petitioners No.1, 2 & 3 and Respondent No.2/Complainant are present in Court today. The parties have been identified by their respective Counsels and the Investigating Officer. Respondent No.2/Complainant has also filed an affidavit affirming the fact that all the disputes with the Petitioners have been amicably settled. She states that she has settled all her disputes with the Petitioners out of her own free will, without pressure, coercion or undue influence.

4.

Considering the fact that the dispute is a matrimonial dispute and the parties have amicably settled their disputes, the present case is squarely covered under the law laid down by the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303. In view of the settlement arrived at between the parties, this Court is of the opinion that no useful purpose will be served in continuing with the present proceedings. Resultantly, FIR No.460/2020 dated 17.10.2020, registered at Police Station Subhash Place for offences under Section 498A/406/506/34 IPC and the proceedings emanating therefrom are hereby quashed. The parties shall remain bound by the terms of the settlement and the undertaking given to the Court. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

It is made clear that the settlement deed will not preclude the children of the Complainant and the Petitioner No.1 from claiming maintenance, if any, from their father.

6.

The petition stands disposed of with the above observations along with pending application(s), if any.

SUBRAMONIUM PRASAD, J JULY 31, 2024 Rahul The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.