Saurabh Dhingra And ORS v. The State (Nci Of Delhi) And ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 8806/2024 SAURABH DHINGRA AND ORS .....Petitioners Through:
Mr.
A.N.
Aggarwal, Ms.
Nupur Sonia, Mr. Parikshit and Ms. Hemlata Aggarwal, Advs.
along with petitioners.
versus THE STATE (NCI OF DELHI) AND ANR.
.....Respondents Through:
Ms. Kiran Bairwa, APP for State with S.I. Ujjwal, P.S. Budh Vihar, Delhi.
Mr. Ashutosh Kumar, Mr. Rajneesh Kumar Shukla and Mr. Vidya Sagar, Advs. for R-2 along with R-2.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 23.01.2025 CRL.M.A. 33678/2024 (exemption) 1.
Allowed, subject to all just exceptions.
2.
The application stands disposed of.
CRL.M.C. 8806/2024 3.
The present petition has been filed under Section 528 of BNSS, 2023 seeking quashing of FIR No.39/2021 registered under Sections 498A/406/34 IPC at Police Station Budh Vihar, New Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.
4.
Issue notice. The learned APP appearing on behalf of the State, as well as, Mr. Ashutosh Kumar, learned counsel appearing on behalf of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
respondent no.2 accept notice. They submit that since the FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement, they have no objection in case the FIR in question is quashed. 5.
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 counsel, as well as, by the Investigating Officer i.e. S.I. Ujjwal, P.S. Budh Vihar, Delhi.
6.
The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 07.07.2019 according to Hindu Rites and Customs.
7.
On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 01.05.2020. The dispute between the parties also led to the registration of present FIR. 8.
During the pendency of proceedings, the parties were referred to Mediation Centre, Rohini Courts, New Delhi, where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement Agreement dated 25.10.2023, which is annexed as Annexure P-2 to the present petition.
9.
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 12.03.2024, which is annexed as Annexure P-3 to the present petition.
10.
It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs.15,00,000/- to the respondent no.2 towards full and final settlement of all her claims on account of streedhan, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
permanent alimony, dowry articles, maintenance (past, present and future) etc. Out of the said amount, a sum of Rs.10,00,000/- has already been paid by the petitioner no.1 to the respondent no.2 in the manner as mentioned in the settlement. The remaining amount of Rs.5,00,000/- has been paid to the respondent no.2 today in the court by the petitioner no.1 by way of Demand Draft bearing No.053966 dated 22.01.2025 issued by HDFC Bank, Mayapuri, New delhi-110064.
11.
The receipt of entire amount of Rs.15,00,000/- is acknowledged by the respondent no.2, who is present in court. 12.
The respondent no.2, on a query posed by the Court, states that she has no objection in case the FIR is quashed.
13.
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.
14.
It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 15.
Consequently, the petition is allowed and the FIR No.39/2021 registered under Sections 498A/406/34 IPC registered at Police Station Budh Vihar, New Delhi alongwith all other proceedings emanating therefrom, is quashed.
16.
The petition stands disposed of in the above terms. 17.
Order be uploaded on the website of this court. VIKAS MAHAJAN, J JANUARY 23, 2025/aj The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.