Shashi Bala v. State NCT Of Delhi & ANR.

$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3514/2023 SHASHI BALA .....Petitioner Through:

Ms. Abiha Zaidi, Mr. Pritam Raman Giriya, Ms. Suriti Chowdhary and Mr. Anuj Manoj Bhave, Advs.

Versus

STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Anand V. Khatri, ASC for State with SI Yashpal Singh, PS. CWC Nanakpura, New Delhi.

Ms. Trisha Mittal and Mr. Nishant Sharma, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN % 11.03.2025

O R D E R

CRL.M.A. 7429/2025 (direction in light of settlement agreement Dt.30.01.2025) 1.

This is an application filed under Section 528 BNSS to bring on record the Settlement Agreement dated 30.01.2025. 2.

For the reasons mentioned in the application, the same is allowed and the Settlement Agreement dated 30.01.2025 is taken on record. 3.

The application stands disposed of.

W.P.(CRL) 3514/2023 4.

With the consent of the parties, the matter is taken up today for The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

disposal.

5.

The present petition has been filed under Article 226 of the Constitution of India read with Section 482 CrPC seeking quashing of FIR No.349/2023 under Sections 498A/406/506/34 IPC registered at Police Station Sector 23 Dwarka and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement. 6.

Notice was issued in the present petition on 01.12.2023. 7.

The learned ASC for State submits 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. 8.

The petitioner (former mother-in-law), as well as, respondent no. 2 (complainant) who have joined through VC and they have been identified by their respective counsel, as well as, by the Investigating Officer SI Yashpal Singh, PS. CWC Nanakpura, New Delhi.

9.

The brief facts of the case are that Mr. Rushal Garg (son of the petitioner and the respondent no.2 had married according to Hindu Rites and Customs. No child was born out of the said wedlock. 10.

On account of temperamental issues certain disputes arose between the son of the petitioner (husband of the respondent no.2) and the respondent no.2 and they started living separately from each other. The dispute between the parties also led to the registration of present FIR. 11.

During the pendency of the proceedings in one of the connected matters i.e. CRL.M.C. 10000/2024, the parties were referred to Delhi High Court Mediation and Conciliation Centre, High Court of Delhi, Sher Shah Road, New Delhi where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement Agreement dated 30.01.2025, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

which is annexed as Annexure A-1 to the present petition. 12.

In terms of the said settlement, the son of the petitioner and the respondent no.2 decided to dissolve their marriage by filing a petition for divorce by way of mutual consent. Accordingly, the son of the petitioner and respondent no.2 have obtained a decree of divorce dated 07.03.2025. 13.

It is a term of the settlement between the parties that the son of the petitioner namely, Mr. Rushal Garg shall pay a total sum of Rs.25.51 lacs to the respondent no.2 towards full and final settlement of all her claims on account of streedhan, permanent alimony, dowry articles, maintenance (past, present and future) etc. in the manner as mentioned in the settlement. The said amount stands deposited by way of Demand Draft before Mediation and the same shall be released to the respondent no.2 after quashing of the FIR against all the accused persons. 14.

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

15.

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.

16.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 17.

Consequently, the petition is allowed and the FIR No.349/2023 under Sections 498A/406/506/34 IPC registered at Police Station Sector 23 Dwarka alongwith all other proceedings emanating therefrom, is quashed qua the present petitioner.

18.

The petition stands disposed of in the above terms. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

19.

Order be uploaded on the website of this Court. VIKAS MAHAJAN, J MARCH 11, 2025/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.