Jawhar Tomar & ORS. v. State ( NCT Of Delhi) & ANR.

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6106/2024 JAWHAR TOMAR & ORS.

.....Petitioners Through:

Mr.

Aman Batra (D-9836/18), Advocate along with Petitioners in person.

versus STATE ( NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Shoaib Haider, APP for the State.

Mr.

Aman Saini (D/10761/23), Advocate for R-2 along with Respondent No.2 in person.

ASI Joginder Singh, PS Begumpur, Delhi.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 07.08.2024 CRL.M.A. 23367/2024 Allowed, subject to all just exceptions.

CRL.M.C. 6106/2024 1.

The present petition under Section 482 Cr.P.C has been filed by the Petitioners for quashing FIR No.509/2018 dated 25.09.2018, registered at Police Station Begumpur for offences punishable under Sections 498A/406/34 IPC. The present FIR is the outcome of a matrimonial dispute between the parties.

2.

The Respondent No.2 is the Complainant and the Petitioner No.1 is the husband of the Complainant.

3.

The principal ground on which the present petition has been filed is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

that the parties have entered into a settlement on 03.09.2021. It is stated in the petition that in terms of the settlement, the parties had filed a petition for divorce by mutual consent before the Ld. Principal Judge, Family Court, Saket, Delhi and by a Judgment and Decree dated 02.11.2022, the marriage between the complainant/Respondent No.2 and the Petitioner No.1/husband stands dissolved. It is further stated in the petition that under the settlement, the Petitioner No.1/husband has agreed to pay a sum of Rs.10,000/- to the complainant/Respondent No.2 towards the full and final settlement of all her claims.

4.

Today, the parties are present in Court. It is stated that Petitioner No.2 has passed away. Petitioner Nos.1, 3 and 4 have been identified by their Counsel and the Investigating Officer. The Respondent No.2/complainant has been identified by her Counsel and the Investigating Officer. The Complainant/Respondent No.2 states that she has received the entire amount as per the settlement and has settled all her matrimonial disputes with the Petitioners out of her own free will, without pressure, coercion or undue influence and states that she does not want to pursue the present case any further and requests that the present FIR and the proceedings emanating therefrom may be quashed. The parties undertake that they will remain bound by the settlement and proceedings recorded before this Court. 5.

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 satisfied that no useful purpose would be served in continuing with the present proceedings. Resultantly, the FIR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

No.509/2018 dated 25.09.2018, registered at Police Station Begumpur for offences punishable under Sections 498A/406/34 IPC and the proceedings emanating therefrom are hereby quashed.

6.

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

SUBRAMONIUM PRASAD, J AUGUST 7, 2024 S. Zakir The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.