Nikhil Kumar Mishra & ORS. v. State Of NCT Of Delhi & ANR.

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8930/2024 NIKHIL KUMAR MISHRA & ORS.

.....Petitioners Through:

Ms. Prachi Goel and Mr. Bhuwan Jayant, Advocates versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Nawal Kishore Jha, APP for the State with Inspr. Satbir Singh, PS Jaitpur Ms. Reena Gupta, Advocate for R-2 along with R-2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 17.02.2025 1.

The present petition has been filed under Section 528, BNSS of 2023 seeking quashing of FIR No. 195/2024 under Sections 498A/406/34 IPC registered at Police Station Jaitpur, South-East, Delhi 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), petitioner no.2 (father of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioner no.1) and petitioner no.3 (mother of petitioner no.1), as well as, respondent no. 2 (former wife) are present in Court. They have been identified by their respective counsel, as well as, by the Investigating Officer SI Satbir Singh, Police Station Jaipur, South-East, Delhi. 4.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 05.12.2014 according to Hindu Rites and Customs. Out of the said wedlock, the parties have been blessed with one girl child, namely, Vamika Jha who is in the care and custody of the respondent no. 2.

5.

On account of temperamental issues certain disputes arose between the parties and the aforesaid FIR was lodged by the respondent no. 2 against the petitioners.

6.

During the pendency of the proceedings, the parties were referred for counselling at Delhi Mediation Centre, Patiala House Courts, New Delhi, where the petitioner no. 1 and respondent no. 2 have arrived at a settlement, terms whereof were reduced in writing in the form of Settlement Deed dated 16.07.2024, a copy of which is annexed as Annexure-P1 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 12.11.2024, a copy of which has been handed over at Bar today in Court.

8.

It is also a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs. 24,00,000/- to the respondent no.2 towards full and final settlement of all her claims on account of streedhan, permanent The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

alimony, dowry articles, maintenance (past, present and future) etc. 9.

The receipt of entire settlement amount of Rs. 24,00,000/- is acknowledged by the respondent no.2, who is present in court. 10.

The respondent no.2 who is present in Court, 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 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 FIR No. 195/2024 under Sections 498A/406/34 IPC registered at Police Station Jaitpur, South-East, Delhi alongwith all other proceedings emanating therefrom, is quashed. 14.

The petition stands disposed of in the above terms. VIKAS MAHAJAN, J FEBRUARY 17, 2025 'rs'

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