Sh Mahinder Singh & ORS. v. The State Govt. Of NCT Of Delhi And ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ SH MAHINDER SINGH & ORS.
.....Petitioners Through:
Mr. A.S. Thapa, Advocate.
versus THE STATE GOVT. OF NCT OF DELHI AND ANR.
.....Respondents Through:
Mr. Sanjeev Sabharwal, APP for the State.
ASI Pawan Kumar, P.S.: Civil Lines.
Mr. Randhir Kumar, Advocate for R2.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R
% 25.10.2024 CRL.M.A. 32472/2024 (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, the petitioners, who are the former husband and in-laws of the complainant/respondent No.2, seek quashing of case FIR No. 0473/2022 dated 27.12.2022 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Civil Lines, Delhi.
2.
The petition is premised on Settlement Deed dated 30.03.2024 ('Settlement Deed') arrived at through mediation before the Delhi Mediation Centre, Tis Hazari District Courts, Delhi; and Divorce Decree dated 12.08.2024 ('Divorce Decree'), which is the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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 supported by affidavits of the petitioners, as also of respondent No. 2, alongwith proof of their IDs. 4.
The petitioners and respondent No. 2 are present in court. Their credentials have been verified and they have also been identified by their respective counsel and by the Investigating Officer. 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 deed 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. 4,00,000/- from petitioner No. 1; out of which Rs. 2,50,000/- was paid earlier and Rs. 1,50,000/- has been paid in court today, in compliance of the terms of the settlement deed. Respondent No. 2 confirms that all aspects of the settlement have now been performed.
8.
Mr. Sanjeev Sabharwal, learned APP appearing on behalf of the State 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 & The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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. 0473/2022 dated 27.12.2022 registered under sections 498-A/406/34 IPC at P.S.: Civil Lines, 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 25, 2024/ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.