Ravi Kumar & ORS. v. State NCT Of Delhi And ANR
$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6408/2024 & CRL.M.A. 24494/2024 RAVI KUMAR & ORS.
.....Petitioners Through:
Ms. Meenakshi, Adv.
versus STATE NCT OF DELHI AND ANR .....Respondents Through:
Mr. Utkarsh, APP for State with SI Sumeet Poonia, PS. Vivek Vihar.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 06.02.2025 1.
The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.306/2020 under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act registered at Police Station Vivek Vihar and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.
2.
Notice was issued in the present petition on 14.11.2024. 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.
The petitioner no.1 (former husband) and the respondent no. 2 (former wife), who are present in Court whereas the petitioner nos.2 to 4, who are close relatives of petitioner no.1 have joined through VC and they have been identified by their respective counsel, as well as, by the Investigating Officer SI Sumeet Poonia, PS. Vivek Vihar.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
5.
The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 21.04.2019 according to Hindu Rites and Customs. No child was born out of the said wedlock. 6.
On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 31.08.2020. The dispute between the parties also led to the registration of present FIR. 7.
During the pendency of the proceedings, the parties were referred to Delhi Mediation Centre, Karkardooma Courts, Delhi, where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 31.07.2023, which is annexed as Annexure B to the present petition. 8.
In terms of the said 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 06.04.2024, which is annexed as Annexure C to the present petition.
9.
It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs.5 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. The amount of Rs. 5 lacs has already been paid to the respondent no.2 by the petitioner no.1. 10.
The receipt of entire amount of Rs.5 lacs is acknowledged by the respondent no.2, who is present in court.
11.
The respondent no.2, on a query posed by the Court, 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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.306/2020 under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act registered at Police Station Vivek Vihar alongwith all other proceedings emanating therefrom, is quashed.
15.
The petition stands disposed of in the above terms. 16.
Order be uploaded on the website of this Court. VIKAS MAHAJAN, J FEBRUARY 6, 2025/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.