Pankaj And ORS v. State Of NCT Of Delhi And ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ PANKAJ AND ORS .....Petitioners Through:
Mr. Anand Kr. Singh and Mr.
Dushyant Kumar, Advocates.
versus STATE OF NCT OF DELHI AND ANR .....Respondents Through:
Mr. Sanjay Lao, Standing Counsel with SI Bharat Singh, P.S.: Uttam Nagar.
Mr. Gaurav Gothwal, Ms. Sangeeta Sabharwal, Ms. Preeti Gothwal and Ms. Kritika Mehta, Advocates for R2.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R
% 03.10.2024 CRL.M.A. 29795/2024 (exemption) Exemption granted, subject to just exceptions. The application stands disposed-of.
By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 read with Article 226 of the Constitution of India, the petitioners seek quashing of case FIR No.400/2023 dated 27.07.2023 registered under sections 498-A/ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
406/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Uttam Nagar, New Delhi.
2.
The petition is premised on Settlement dated 19.01.2024 arrived at through Counselling Cell, Family Courts, South-West District, Dwarka, Delhi; and Divorce Decree dated 24.07.2024 , which is the culmination of 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 proof of their IDs. 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.
The parties have confirmed that no child was born from the wed-lock. 6.
No appeal is stated to have been filed from the divorce decree. 7.
The court has queried respondent No.2, who confirms that she has taken divorce by mutual consent; and that a settlement 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. 3,11,000/- from petitioner No. 1; out of which Rs. 2,11,000/- was paid earlier and Rs.1,00,000/- has been paid in court today, in compliance of the terms of the settlement. Respondent No.2 confirms that all aspects of the settlement have now been performed.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
8.
Mr. Sanjay Lao, learned Standing Counsel 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 & 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.400/2023 dated 27.07.2023 registered under sections 498-A/406/34 of the IPC at P.S.: Uttam Nagar, New Delhi is quashed. All proceedings arising therefrom also stand closed. 11.
Petition stands disposed-of.
12.
Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J OCTOBER 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.