Ankit Ruhal v. State Of NCT Of Delhi And ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ANKIT RUHAL .....Petitioner Through:

Mr. Manoj Kumar Bhagat & Mr.

Viresh Chaudhary, Advocates.

versus STATE OF NCT OF DELHI AND ANR.

.....Respondents Through:

Ms. Shubhi Gupta, APP for the State with SI Dharmveer, P.S.: Chhawla.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 27.09.2024 CRL.M.A. 23378/2024 (exemption) Exemption granted, subject to just exceptions. The application stands disposed-of.

By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner seeks quashing of case FIR No.610/2021 dated 29.12.2021 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Chhawala, Delhi.

2.

The petition is premised on Settlement Agreement dated 22.02.2023 arrived at through mediation before the Mediation Centre, Dwarka Courts, New Delhi; and Divorce Decree dated 17.10.2023, which is the culmination of petitions under sections 13B(1) and 13B(2) of the 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 09/10/2024 at 14:39:21

Hindu Marriage Act 1955, whereby the parties had sought dissolution of their marriage by mutual consent.

3.

The petition is also supported by affidavits of the petitioner, as also of respondent No.2, alongwith proof of their I.D.s. 4.

The petitioner as well as respondent No.2 are present in court. Their credentials have been verified and they have also been identified by their respective counsel.

5.

The parties have confirmed that no child was born from the wed-lock. 6.

No appeal is stated to have been filed from the divorce decree. 7.

The court has queried respondent No.2, who confirms that she has taken divorce by mutual consent; and that a settlement agreement has been entered into between the parties; and that in full-and-final settlement of all her claims including towards maintenance (past, present and future), stridhan, permanent alimony, etc., she was to receive a sum of Rs. 15,00,000/- from the petitioner, which has been paid to her, in compliance of the terms of the settlement deed. Respondent No.2 confirms that all aspects of the settlement have been performed.

8.

Ms. Shubhi Gupta, learned APP confirms that the State has no objection to the subject FIR being quashed.

9.

In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab &Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh &Ors. vs. State of Punjab &Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement 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 09/10/2024 at 14:39:21

between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties. 10.

Accordingly, FIR No.610/2021 dated 29.12.2021 registered under sections 498-A/406/34 of the IPC at P.S.: Chhawala, Delhi is quashed. All proceedings arising therefrom also stand closed. 11.

Petition stands disposed-of.

12.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J SEPTEMBER 27, 2024/ak 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 09/10/2024 at 14:39:22