Ashok Verma & ORS. v. State Govt. Of NCT Of Delhi & ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ASHOK VERMA & ORS.
.....Petitioners Through:
Ms. Vijay Rani, Mr. Shubham Bharti, Ms. Vancika Pandey, Advocates and petitioners via video-conferencing.
versus STATE GOVT. OF NCT OF DELHI & ANR.
.....Respondents Through:
Mr. Hitesh Vali, APP for the State with ASI Ravinder Kr., P.S.:
Wazirabad.
Mr. Prabhakar Pandey, Advocate for R2 with R2 via video-conferencing.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R
% 03.12.2024 CRL.M.A. 33005/2024 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 in-laws of the complainant/respondent No. 2, seek quashing of case FIR No. 308/2019 dated 28.10.2019 registered under sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Wazirabad, Delhi.
2.
The petition is premised on respondent No.2's Affidavit dated 05.10.2024.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
The petition is also supported by affidavits of the petitioners alongwith proof of IDs of all contesting parties.
4.
The petitioners as well as respondent No. 2 have joined via videoconferencing. 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.
The court has queried Ms. Roma Verma, respondent No. 2, who informs that her husband passed-away in 2018; and that the matter has been settled between the contesting parties in line with the settlement contained in order dated 09.09.2024 passed by the learned JMFC, Tiz Hazari Court, Delhi; 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.1,50,000/- from petitioner No. 1; which amount has already been paid to her in compliance of the terms of the order. Respondent No. 2 confirms that all aspects of the settlement have now been performed.
7.
Mr. Hitesh Vali, learned APP confirms that the State has no objection to the subject FIR being quashed.
8.
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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties. 9.
Accordingly, case FIR No. 308/2019 dated 28.10.2019 registered under sections 498-A/406/34 IPC at P.S.: Wazirabad, Delhi is quashed. All proceedings arising therefrom also stand closed.
10. Petition stands disposed-of.
11. Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J DECEMBER 3, 2024 ds The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.