Ajay Kumar v. State Of NCT Of Delhi And ANR.

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1133/2024 AJAY KUMAR ..... Petitioner Through:

Mr. Faraz Maqbool, Ms. Sana Juneja & Mr. Chandan Kumar, Advocates alongwith P-1 in person.

Petitioners no. 2 to 4 (through VC).

versus STATE OF NCT OF DELHI AND ANR.

..... Respondents Through:

Mr. Sunil Kumar Gautam, APP for the State with SI Sunder Singh, P.S.

Nangloi.

Ms. Sunita Arora, Advocate for R-2 alongwith R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 02.04.2024 1.

The present petition filed under Section 482 of the Cr.P.C. seeks quashing of the FIR No. 255/2015, under Sections 498A/406/34 of the IPC, registered at P.S. Nangloi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Alka Singh, learned Metropolitan Magistrate, Mahila Court (West), Tis Hazari Courts, Delhi.

2.

The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 27.04.2008 as per Hindu rites and ceremonies. 3.

No child was born out of the said wedlock.

4.

Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties started residing separately since September 2010. Subsequently, respondent no.2/complainant lodged an FIR against petitioner no.1 (husband), petitioner no. 2 (mother-in-law) and petitioner no. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3 & 4 (brothers-in-law).

5.

On 05.03.2016, parties arrived at a settlement before the Counselling Cell, Family Courts, Tis Hazari Courts Delhi and as per the said settlement, petitioner no.1 has agreed to pay an amount of Rs. 1,00,000/- to the respondent no.2/wife towards full and final settlement of all her claims including istridhan, permanent alimony and maintenance - present, past and future. The copy of the aforesaid settlement dated 05.03.2016 is on record (Annexure-C).

6.

In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 26.03.2024, passed by Ms. Charu Aggarwal, Judge, Family Court-01, West, Tis Hazari Courts, Delhi (a copy of the same has been handed up in Court today and is taken on record). Further, as per the settlement deed, the aforesaid amount of Rs. 1,00,000/- has already been paid to respondent no.2, who acknowledges the receipt of the same.

7.

Petitioner no. 1 and complainant/respondent no. 2 are present before the Court and petitioners no. 2 to 4 appear through video conferencing and have been duly identified by their respective counsel, as well as the Investigating Officer, SI Sunder Singh, P.S. Nangloi. 8.

The complainant/respondent No.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed. She further states that all the terms of the agreement have been complied with.

9.

In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 10.

In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon‟ble The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- "61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."

11.

In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 255/2015, under Sections 498A/406/34 of the IPC, registered at P.S. Nangloi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Alka Singh, learned Metropolitan Magistrate, Mahila Court (West), Tis Hazari Courts, Delhi.

12.

In the interest of justice, the petition is allowed, and the FIR No. 255/2015, under Sections 498A/406/34 of the IPC, registered at P.S. Nangloi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Alka Singh, learned Metropolitan Magistrate, Mahila Court (West), Tis Hazari Courts, Delhi, is hereby quashed.

13.

Petition is allowed and disposed of accordingly. 14.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J APRIL 02, 2024/bsr Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.