Vikash @ Vikash Kumar & ORS. v. State Govt Of NCT Of Delhi And ANR.
$~208 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ VIKASH @ VIKASH KUMAR & ORS.
.....Petitioners Through:
Mr. N.K. Vatsal and Mr. Bhavya Saxena, Advocates.
versus STATE GOVT OF NCT OF DELHI AND ANR.
.....Respondent Through:
Ms. Manjeet Arya, APP for the State with SI Dhyanendra, P.S. Dabri.
Mr.
Santosh Kumar, Mr.
Manish Kumar and Mr. Siddharth Chaudhary, Advocates for complainant.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R
% 18.11.2024 CRL.M.A.34298/2024 (exemption) Exemption granted, subject to just exceptions. The application stands disposed-of.
Crl. M.C. 8961/2024 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. 475/2019 dated 30.07.2019 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Dabri, Delhi.
2.
The petition is premised on Settlement Agreement dated 16.10.2023 arrived at through counselling before the Counselling Cell, Family Courts, Dwarka, New Delhi; and Divorce Decree dated 03.09.2024 , The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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 as well as respondent No. 2 are 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 wedlock. 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 agreement 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. 4,25,000/- from petitioner No. 1; out of which Rs. 3,00,000/- was paid earlier and Rs.1,25,000/- has been paid in court today, in compliance of the terms of the settlement agreement. Respondent No. 2 confirms that all aspects of the settlement have now been performed. 8.
Ms. Manjeet Arya, learned APP 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. 475/2019 dated 30.07.2019 registered under sections 498-A/406/34 IPC at P.S.: Dabri, 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 18, 2024 ds The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.