High Court of DelhiW.P.(CRL)/2890/2024

Sanat Kumar Bagoria & ORS. v. State NCT Of Delhi & ANR.

2024-09-18Hon'Ble Mr. Justice Dinesh Kumar Sharma8 pages

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2890/2024 SANAT KUMAR BAGORIA & ORS.

.....Petitioners Through:

Mr.

Sunil Kumar, Adv.

with petitioners.

versus STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Satish Kumar, APP for the State PSI Anjali with ASI Mithlesh, PS Jafrabad Mr. Sanjeev Kedwal, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 18.09.2024 CRL.M.A. 28224/2024 (exemption) Exemption is allowed subject to all just exceptions. W.P.(CRL) 2890/2024

13. The Present petition has been filed under section 482 Cr.P.C for quashing of FIR No. 0308/2023 registered under Section 498A/406/506/34 IPC and section 4 of DP Act at PS Jafrabad and all the other proceedings emanating therefrom.

14. Learned Counsel for the petitioner submits that Respondent The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

no.2/complainant married petitioner no.1 on 12.12.2020 in accordance with the Hindu Rites and Ceremonies and a female child namely Baby Shree @Tanya was born out of the said wedlock on 08.10.2021. However, on account of temperamental differences and mental incompatibility, the parties started living separately since 09.06.20222 and instituted multiple litigations against each other and their respective families including the present FIR.

15. Learned Counsel further submits that during the pendency of the proceedings, the parties have resolved their disputes amicably, and in furtherance thereof, they have entered into a settlement agreement dated 03.11.2023 arrived at Delhi Mediation Centre, Karkardooma Courts, Delhi.

16. Pursuant to the settlement, it is submitted by both parties that the marriage between them has already been dissolved on 16.04.2024 as per Hindu rites and ceremonies.

17. Furthermore, the Learned Counsel for the petitioners submits that since the parties have resolved all their differences amicably, therefore, it would be in the interest of justice to quash FIR No. 0308/2023 registered under Section 498A/406/506/34 IPC and section 4 of DP act at PS Jafrabad and all the other proceedings emanating therefrom.

18. I have gone through the settlement deed dated 03.11.2023 which has been placed on record. The settlement agreement provides for the following terms and conditions:

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

19. The total settlement amount in terms of settlement deed dated 03.11.2023 is Rs. 8,50,000/-. Today, as per settlement, demand draft bearing DD No, 217691 dated 12.07.2024 drawn on Punjab National Bank for the sum of Rs.3,50,000/- in the name of Shivani Nirwan is handed over to the respondent No.2 in the Court. Respondent No. 2 states that she has received the entire settlement amount.

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

20. It is settled that the inherent powers under section 482 of the Code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash non- compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Supreme Court and this Court have repeatedly held that the cases arising out of matrimonial differences should be put to a quietus if the parties have reached an amicable settlement. Reliance may be placed upon: B.S. Joshi v. State of Haryana, (2003) 4 SCC 675; K. Srinivas Rao v. D.A.Deepa, (2013) 5SCC 226; Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another, 2019 SCC OnLine Del 8179.

21. Both parties are present in court and have duly been identified by the IO. Respondent No. 2 submits that she has entered the settlement voluntarily without any fear, force, or coercion. She submits that other petitions have already been withdrawn or dismissed. And since the marriage between the parties has also been dissolved on 16.04.2024, she has no objection if FIR No. 0308/2023 registered under Section 498A/406/506/34 IPC at PS Jafrabad and all the other proceedings emanating therefrom are quashed.

22. Taking into account the totality of facts and circumstances of the case, this court considers that the parties have entered into an amicable settlement out of their own free will, without any fear, force or coercion and they should be given an opportunity to lead The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

their lives peacefully. No purpose will be served in continuing with the trial.

23. In view of the above, FIR No. 0308/2023 registered under Section 498A/406/506/34 IPC and section 4 of DP Act at PS Jafrabad and all the other proceedings emanating therefrom are quashed. However, this settlement or any settlement shall not bind the legal rights, title, and interest of the child namely born on 08.10.2021, in any manner. Child namely Baby Shree @Tanya shall be at liberty to pursue their legal rights in accordance with law.

24. The present petition along with all the pending applications stand disposed of.

DINESH KUMAR SHARMA, J SEPTEMBER 18, 2024 Pallavi/NA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.