Ajay Singh Chib & ORS. v. State Govt. Of NCT Of Delhi And ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ AJAY SINGH CHIB & ORS.
.....Petitioners Through:
Mr. Nitish Banka and Ms. Chetna, Advocates.
Petitioners via video-conferencing.
versus STATE GOVT. OF NCT OF DELHI AND ANR.
.....Respondents Through:
Mr. Sanjay Lao, Standing Counsel for the State.
SI Hemant, D-226, PS Jafrabad Mr.
Ikrant Sharma, Ms.
Shweta Sharma, Ms. Ira Arora, Advocates for Respondent No.2 with Respondent No.2 in-person
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R
% 14.11.2024 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.611/2022 dated 13.08.2022 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC') and sections 3/4 of the Protection of Women from Domestic Violence Act, 2005 ('DV Act') at P.S.: Jafrabad, North-East Delhi. 2.
The petition is premised on Memorandum of Understanding/Settlement Deed dated 30.04.2024 arrived at between petitioner No.1 and respondent No.2; and Divorce Decree dated The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
23.08.2024, which is the 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 have joined the proceedings via video-conferencing and respondent No. 2 is present in court. 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.
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. 15,00,000 /-from petitioner No. 1; out of which Rs. 10,00,00 /- was paid earlier and Rs.5,00,000 /- 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. Sanjay Lao, learned ASC 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 & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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.611/2022 dated 13.08.2022 registered under sections 498-A/406/34 of the IPC and section 3/4 of the DV Act at P.S.: Jafrabad, North-East 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 NOVEMBER 14, 2024 ss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.