Mr Vinay & ORS. v. State Govt. Of NCT Of Delhi And ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 9040/2024 & CRL.M.A. 34643/2024 MR VINAY & ORS.

.....Petitioners Through:

Ms. Anita Mahapatra, Adv.

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

Mr. Nawal Kishore Jha, APP for State with SI Vineet, PS. Madhu Vihar.

Mr. Nikhil Rawat, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 22.01.2025 1.

The present petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.220/2024 under Sections 498A/406/506/34 IPC registered at Police Station Madhu Vihar and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

2.

Notice was issued in the present petition on 20.11.2024. 3.

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. 4.

The petitioner no.1 (former husband) is present in Court whereas the petitioner nos. 2 to 5, who are close relatives of the petitioner no.1, as well as, respondent no. 2 (former wife) have joined through VC and they have been identified by their respective counsel, as well as, by the Investigating Officer SI Vineet, PS. Madhu Vihar.

5.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 16.01.2011 according to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Hindu Rites and Customs. Out of the said wedlock, two children were born namely Mihira (born on 23.10.2011) and Master Chitransh (born on 20.11.2018) who are presently in the care and custody of the respondent no.2.

6.

On account of temperamental issues certain disputes arose between the parties and they started living separately since September 2023. The disputes between the parties also led to the registration of present FIR. 7.

During pendency of the proceedings, the parties were referred to Delhi Mediation Centre, Patiala House Courts Complex, New Delhi, where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement Agreement dated 09.08.2024, which is annexed as Annexure P-3 to the present petition.

8.

In terms of the said settlement, the parties decided to dissolve their marriage by filing a petition for divorce by way of mutual consent. 9.

It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs.15 lacs 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. Out of the said amount, a sum of Rs. 8 lacs 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. 7 lacs has been paid to the respondent no.2 today in the Court by the petitioner no.1 by way of Bankers Cheque bearing No.439909 dated 16.12.2024 issued by State Bank of India, I.P. Estate. 10.

The receipt of entire amount of Rs.15 lacs is acknowledged by the respondent no.2, who is present in Court. She further affirms the factum of marriage having been dissolved by a decree of divorce by mutual consent. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

11.

The respondent no.2, on a query posed by the Court, states that she has no objection in case the FIR is quashed.

12.

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.

13.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 14.

Consequently, the petition is allowed and the FIR No.220/2024 under Sections 498A/406/506/34 IPC registered at Police Station Madhu Vihar alongwith all other proceedings emanating therefrom, is quashed. 15.

The petition stands disposed of in the above terms. 16.

Order be uploaded on the website of this Court. VIKAS MAHAJAN, J JANUARY 22, 2025/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.