Manit Khurana & ORS. v. The State Govt. Of NCT Of Delhi And ANR.

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8712/2024 & CRL.M.A. 33335/2024 MANIT KHURANA & ORS.

.....Petitioners Through:

Mr. Anand Duggal, Adv. along with P-1 through VC.

versus THE STATE GOVT. OF NCT OF DELHI AND ANR....Respondents Through:

Mr. Aman Usman, APP with W/SI Purvi Ahlawat, P.S. Tilak Nagar, Delhi.

R-2 in person through VC.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN % 29.01.2025

O R D E R

1.

The present petition has been filed under Section 528 of BNSS, 2023 seeking quashing of FIR No.0344/2023 under Sections 498A/406/34 IPC registered at Police Station Tilak Nagar, New Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

2.

Issue notice. The learned APP appearing on behalf of the State, as well as, respondent no.2, who appears through VC, accept notice. The learned APP 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), as well as, respondent no.2 (former wife) have joined through VC and they have been identified by the Investigating Officer W/SI Purvi Ahlawat, P.S. Tilak Nagar, Delhi. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 28.05.2021 according to Sikh Rites and Customs.

5.

On account of temperamental issues certain disputes arose between the parties and they have not been cohabitating since 16.12.2021. The dispute between the parties also led to the registration of present FIR. 6.

During the pendency of proceedings, the parties have arrived at a settlement, terms whereof were reduced in writing in the form of Memorandum of Understanding (MOU) dated 23.04.2024, which is annexed as Annexure-P2 to the present petition.

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 26.11.2024, which is attached at Page no.130 of the paper book.

8.

It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs.17,50,000/- 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. The said sum of Rs.17,50,000/- has already been paid by the petitioner no.1 to the respondent no.2 in the manner as mentioned in the settlement. 9.

The receipt of entire amount of Rs.17,50,000/- is acknowledged by the respondent no.2, who is present in court. 10.

The respondent no.2, on a query posed 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 FIR No.0344/2023 under Sections 498A/406/34 IPC registered at Police Station Tilak Nagar, New Delhi 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 29, 2025 aj The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.