Kamal Sagar & ORS. v. State Govt.Of NCT Of Delhi And ANR.

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6359/2024 KAMAL SAGAR & ORS.

.....Petitioners Through:

Mr. Vijender Pal Singh (D913/2007), Advocate.

versus STATE GOVT.OF NCT OF DELHI AND ANR. .....Respondents Through:

Mr. Yudhvir Singh Chauhan, APP for the State.

Ms. Mamta and Mr. Aman Giri (D/6302/21), Advocates for R-2.

SI Sheetal, PS Mangolpuri

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 16.08.2024 CRL.M.A. 24333/2024 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 6359/2024 1.

The present petition has been filed for quashing FIR No.1154/2018 dated 19.12.2018, registered at Police Station Mangol Puri for offences under Section 498A/406/34 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 11.12.2023. As per the settlement agreement, the Petitioner No.1 has agreed to pay a sum of Rs.5,90,000/- to Respondent The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

No.2/Complainant towards full and final settlement of all her claims in the following manner:- a. A sum of Rs.2,00,000/- was received by the Respondent No.2 at the time of first motion.

b. A sum of Rs.1,90,000/- was received by the Respondent No.2 at the time of second motion.

c. Remaining Rs.2,00,000/- was to be paid during the quashing of the FIR.

3.

The Petitioners 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 has been paid the remaining sum of Rs.2,00,000/- in Court today by way of a Demand Draft. She states that she has received the entire amount and 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.1154/2018 dated 19.12.2018, registered at Police Station Mangol Puri for offences under Section 498A/406/34 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.

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

SUBRAMONIUM PRASAD, J AUGUST 16, 2024 Rahul The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.