Saurabh Dass Gupta And ORS v. Govt Of NCT Of Delhi And ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ SAURABH DASS GUPTA AND ORS .....Petitioners Through:

Mr. Ikrant Sharma, Ms. Ira Arora, Ms Veena Bishnoi, Ms. Meenu Sharma and Ms. Priyanka Verma, Advocates.

Petitioners via video-conferencing.

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

Ms. Shubhi Gupta, APP for the State with SI Renu, P.S.: CWC, Nanakpura.

Ms. Parvathi Menon and Mr. Varun Bansal, Advocates for R2.

R2 via video-conferencing.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 16.08.2024 CRL.M.A. 24386/2024 Exemption allowed, subject to just exceptions. The application stands disposed-of.

By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973, the petitioners, who are the former husband and in-laws of the complainant/respondent No. 2, seek quashing of case FIR No. 47/2018 dated 13.06.2018 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Crime (Women) Cell Nanak Pura, Delhi.

2.

The petition is premised on Deed of Settlement dated 03.03.2023; and Judgment dated 01.09.2023, which judgment is the culmination of petitions under sections 13B(1) and 13B(2) of the Hindu Marriage Act The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

('HMA'), whereby the contesting parties have obtained dissolution of their marriage by mutual consent. 3.

In evidence of the parties having obtained divorce by mutual consent, a copy of judgment dated 01.09.2023 has been placed on record, by which the second motion under section 13(B)(2) of the HMA has been allowed by the concerned court, though the final decree sheet has not been filed on record.

4.

The petition is also supported by affidavits of the petitioners, as also of respondent No. 2, alongwith proofs of their I.D.s. 5.

Petitioner No.1 has joined via video-conferencing from Luxembourg; petitioners Nos. 2 and 3 have joined via video-conferencing from Pune; and respondent No.2 has joined via video-conferencing from Ontario, Canada. Their credentials have been verified and they have also been identified by their respective counsel.

6.

The parties have confirmed that no child was born from the wed-lock. 7.

No appeal is stated to have been filed against the judgment granting divorce.

8.

The court has queried Ms. Ananya Chakravarti, respondent No. 2, who confirms that she has taken divorce by mutual consent; and that a settlement deed 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, dowry articles, jewellery, permanent alimony, etc., she was to receive a sum of Rs.21,00,000/- from petitioner No. 1; out of which Rs. 14,00,000/- was paid earlier and Rs. 7,00,000/- has been paid to her (through her counsel) in court today, in compliance of the terms 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.

deed. Respondent No. 2 confirms that all aspects of the settlement have now been performed.

9.

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

10. 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 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.

11. Accordingly, FIR No. 47/2018 dated 13.06.2018 registered under sections 498-A/406/34 IPC at P.S.: Crime (Women) Cell Nanak Pura, Delhi is quashed. All proceedings arising therefrom also stand closed.

12. Petition stands disposed-of.

13. Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J AUGUST 16, 2024 ds The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.