Ankur Saini & ORS. v. The State NCT Of Delhi And ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ANKUR SAINI & ORS.

.....Petitioners Through:

Mr. Mahipal Singh, Advocate.

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

Ms. Shubhi Gupta, APP for the State with SI Pawan, P.S.: North Rohini.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 03.09.2024 CRL.M.A. 26483/2024 (exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. 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. 37/2024 dated 15.01.2024 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: North Rohini, Delhi.

2.

The petition is premised on Deed of Settlement dated 02.04.2024; and Divorce Decree dated 20.07.2024, which is the culmination of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitions under sections 13B(1) and 13B(2) of the Hindu Marriage Act 1955, whereby the parties had sought dissolution of their marriage by mutual consent.

3.

The petition is also supported by affidavits of the petitioners as also of respondent No. 2, alongwith proofs of their I.D.s. 4.

The petitioners as well as respondent No. 2 are present in court. Their credentials have been verified and they have also been identified by their respective counsel.

5.

No appeal is stated to have been filed from the divorce decree. 6.

The parties have confirmed that one child, namely Yukti, was born from the wedlock, who is minor as of date.

7.

The court has queried 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. Rs. 22,00,000/- from petitioner No. 1; out of which Rs. 12,00,000/- was paid earlier and Rs.10,00,000/- has been paid in court today, in compliance of the terms of the settlement deed. Respondent No. 2 confirms that all aspects of the settlement have now been performed.

8.

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

9.

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

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. 10.

Accordingly, FIR No. 37/2024 dated 15.01.2024 registered under sections 498-A/406/34 at P.S.: North Rohini, Delhi is quashed. All proceedings arising therefrom also stand closed. 11.

Needless to add that the settlement between the parties leading to the closure of all criminal proceedings by way of the present order will in no way affect the property rights and other rights of the minor child, viz. Yukti, vis-a-vis her father, as may be available under law, in any manner whatsoever.

12.

Petition stands disposed-of.

13.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J SEPTEMBER 3, 2024/ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.