← Library
High Court of DelhiCRL.M.C./8387/2024

Hardeep Singh Saini v. The State Govt. Of NCT Of Delhi And ANR.

2025-01-20Hon'Ble Mr. Justice Vikas Mahajan3 pages

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8387/2024 HARDEEP SINGH SAINI .....Petitioner Through:

Mr.Krishan Kumar, Adv.

with petitioner.

versus THE STATE GOVT. OF NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Aman Usman, APP for State with SI Sandeep Kumar, PS Ambedkar Nagar with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 20.01.2025 1.

The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.0161/2020 under Sections 498A/406/34 IPC registered at Police Station Ambedkar Nagar and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement. 2.

Issue notice. The learned APP for the State accepts notice. He submits that since the FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed.

3.

The petitioner no.1 (former husband) and respondent no. 2 (former wife) are present in the court and they have been identified by their respective The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

counsel and by the Investigating Officer SI Sandeep Kumar, PS Ambedkar Nagar.

4.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 12.12.2018 according to Hindu Rites and Customs. No child was born out of the said wedlock. 5.

On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 20.01.2019. The dispute between the parties also led to the registration of present FIR. 6.

During the pendency of the proceedings, the parties have arrived at a settlement.

7.

In terms of the said settlement, the parties decided to dissolve their marriage by filing a petition for divorce by way of mutual consent. Accordingly, the petitioner no.1 and respondent no.2 have obtained a decree of divorce dated 27.04.2024, which is annexed as Annexure-P-2 (Colly) to the present petition.

8.

It is also a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs.1.50 lakhs to the respondent no.2 towards full and final settlement of all her claims on account of streedhan, permanent alimony, dowry articles, maintenance (past, present and future) etc. Out of the said amount, a sum of Rs.1.00 lakh has already been paid in the manner as per the settlement by the petitioner no.1 to the respondent no.2. The remaining amount of Rs.50,000/- has been paid to the respondent no.2 today in the court by the petitioner no.1 by way of Paytm on 20.01.2025 (UPI Ref. No.5020027 03592).

9.

The receipt of entire amount of Rs.1.50 lakhs is acknowledged by the respondent no.2, who is present in court.

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

10.

The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.

11.

In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

12.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.

13.

Consequently, the petition is allowed and the of FIR No.0161/2020 under Sections 498A/406/34 IPC registered at Police Station Ambedkar Nagar alongwith all other proceedings emanating therefrom, is quashed. 14.

The petition stands disposed of in the above terms. 15.

Order be uploaded on the website of this court. VIKAS MAHAJAN, J JANUARY 20, 2025 VLD The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.