Rahul & ORS. v. State NCT Of Delhi & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2829/2024 RAHUL & ORS.

.....Petitioners Through:

Mr. Anuj Kumar, Adv.

versus STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Yasir Rauf Ansari, ASC for the State with Ad. Alok Kumar and SI Mayank PS Kalyan Puri

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 11.09.2024 CRL.M.A. 27582/2024(exemption) 1.

Allowed, subject to just exceptions.

2.

Application accordingly disposed of.

W.P.(CRL) 2829/2024 3.

The present Petition under Section 482 of the Cr.P.C., 1973read with Article 226 of the Constitution of India has been filed on behalf of the petitioners seeking to quash the FIR No. 0359/2017 for the offence under Sections 498A/406/34 IPC registered at Police Station Kalyan Puri. 4.

Issue notice.

5.

Learned ASC appearing on advance notice, accepts notice on behalf of the State.

6.

It is stated that the petitioners and the respondent No. 2 have amicably settled all the disputes and differences between them and arrived at The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Settlement Deed dated 20.01.2024 before the Delhi Mediation Centre, Karkardooma Courts, New Delhi. In view of the Settlement Deed, the present Petition has been filed.

7.

It is stated that the parties have taken divorce by mutual consent on 21.04.2022.

8.

The petitioner No. 6 and 10 are present through VC and the remaining petitioners and the complainant are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. The parties have endorsed the amicable settlement and accepted the terms thereof voluntarily.

9.

It was inter alia settled between the parties that the Petitioner shall pay a sum of Rs. 10,00,000/- in full and final settlement to the complainant. It is further stated that the petitioner has already paid Rs. 5,00,000/- and two Demand Drafts bearing No. 563099 & 563100 dated 05.09.2024 and 06.09.2024 for a sum Rs. 2,50,000/- each i.e the balance amount of Rs.

5,00,000/-, has been handed over to the respondent No. 2 by way of FDR in the name of the complainant/respondent No.2 /mother i.e. Smt. Poonam for the welfare of the child by the petitioner in the Court today and the same has been accepted by the respondent No. 2/wife. The complainant undertakes that the amount shall be put in the FDR in the name of the child. The FDR shall be kept alive till the child attains the age of maturity. 10.

Today, the respondent No. 2, who is present in the Court, states that she has no objection if the FIR is quashed.

11.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and that this is a family matter, no useful purpose will be served in continuing with The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. 12.

Moreover, there is no legal impediment in quashing the FIR in question.

13.

Accordingly, FIR No. 0359/2017 for the offence under Sections 498A/406/34 IPC registered at Police Station Kalyan Puri and all consequential proceedings emanating therefrom are quashed without prejudice to the rights and contentions of the child. 14.

The Petition stands disposed of.

NEENA BANSAL KRISHNA, J SEPTEMBER 11, 2024/PT The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.