Sh. Jagmohan & ORS. v. State (Govt. Of NCT Of Delhi ) & ANR.

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6352/2024 SH. JAGMOHAN & ORS.

.....Petitioner Through:

Mr.

V.K.

Vashisht, Mr.

A.K.

Vashisht, Mr. Ritik Vashisht, Mr.

Vicky, Mr. Anil Kumar Kushwha, Advocates versus STATE (GOVT. OF NCT OF DELHI ) & ANR. .....Respondents Through:

Mr. Nawal Kishore Jha, APP for the State with SI Jatin Kaushik, PS Sultanpuri, Delhi Respondent No. 2 in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 31.01.2025 1.

The present petition has been filed under Section 482 Cr. P.C. 1973 seeking quashing of FIR No. 599/2018 under Sections 498A/406/34 IPC registered at Police Station Sultanpuri, New Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

2.

Notice was already issued vide order dated 28.11.2024. 3.

The learned APP 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. 4.

Petitioner No. 1 (former husband) along with petitioner nos. 2 & 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

who are close relatives of petitioner no. 1, as well as, respondent no. 2 (former wife) are present in Court. The parties have been identified by the learned counsel for the petitioners, as well as, by the IO/SI Jatin Kaushik, Police Station Sultanpuri, Delhi.

5.

The brief facts of the case are that the marriage between the petitioner no.1 (former husband) and respondent no. 2 (former wife) was solemnized on 10.02.2015 according to Hindu Rites and Customs. The marriage was duly consummated and they were blessed with one male child, namely - master Daksh @ Honey, aged about 8 years.

6.

On account of temperamental issues certain disputes arose between the parties and the respondent no. 2 started living separately from the month of August, 2018. The dispute between the parties also led to the registration of present FIR.

7.

During the pendency of the proceedings, the parties have arrived at a settlement, terms whereof have been reduced in writing in the form of a Settlement/Agreement dated 12.11.2021, copy of which is annexed as Annexure-C (Colly.) to the present petition.

8.

In terms of the aforesaid 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 25.08.2022, which is annexed as Annexure-D (Colly.) to the present petition.

9.

In the aforesaid settlement, it is further agreed between the parties that petitioner no.1 (former husband) shall pay a total sum of Rs. 2,00,000/- to the respondent no.2(former wife) towards full and final settlement of all the claims on account of streedhan, permanent alimony, dowry articles, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

maintenance (past, present and future) etc. Out of the said settlement amount, the respondent no.2-wife has already received a sum of Rs. 1,75,000/- and the remaining amount of Rs. 25,000/- has been paid to her today in Court.

10.

The receipt of entire amount of Rs.2 lacs is acknowledged by the respondent no.2, who is present in the Court. 11.

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

12.

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.

13.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 14.

Consequently, the petition is allowed and the FIR No. 599/2018 under Sections 498A/406/34 IPC registered at Police Station Sultanpuri, New Delhi alongwith all other proceedings emanating therefrom, is quashed. 15.

The petition stands disposed of in the above terms. VIKAS MAHAJAN, J JANUARY 31, 2025 'rs'

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