Amit Kumar Sharma & ORS. v. State Of NCT Of Delhi And ORS.

$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9237/2024 AMIT KUMAR SHARMA & ORS.

.....Petitioners Through:

Mr. Amit Gautam, Adv.

versus STATE OF NCT OF DELHI AND ORS.

.....Respondents Through:

Mr. Utkarsh, APP for State with SI Shaily Jain, PS. Dayalpur.

Mr. Mohd. Javed, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 19.02.2025 1.

The present petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.665/2023 under Sections 498A/406/506/34 IPC registered at Police Station Dayalpur 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) and the petitioner nos.2 and 3, who are the parents of petitioner no.1, as well as, respondent nos. 2 (former wife) and respondent no.3, who are present in Court and they have been identified by their respective counsel, as well as, by the Investigating Officer The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

SI Shaily Jain, PS. Dayalpur.

4.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 10.12.2020 according to Hindu Rites and Customs. Out of the said wedlock, one male child namely, Tejas was born, who is presently in the care and custody of respondent no.2. 5.

On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 14.05.2022. The dispute between the parties also led to the registration of present FIR. 6.

During the pendency of the proceedings, the parties have arrived at a settlement, terms whereof were reduced in writing in the form of Memorandum of Understanding dated 10.08.2024, which is annexed as Annexure P-2 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 had filed First Motion Petition and the same was allowed on 28.09.2024, which is annexed as Annexure P-3 to the present petition.

8.

It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs.11.50 lacs to the respondent no.2 towards full and final settlement of all her claims on account of stridhan, permanent alimony, dowry articles, maintenance (past, present and future) etc. Out of the said amount, a sum of Rs. 4.75 lacs has already been paid by the petitioner no.1 to the respondent no.2 in the manner as mentioned in the settlement. An amount of Rs. 2 lacs has been paid to the respondent no.2 today in the Court by the petitioner no.1 by way of Demand Draft bearing No.009569 dated 15.02.2025 issued by Axis Bank, I.P. Extension, Delhi. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

The receipt of amount of Rs.6.75 lacs is acknowledged by the respondent no.2, who is present in court.

10.

The remaining amount of Rs.4.75 lacs will be paid at the time of recording the statement in Second Motion Petition. 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.665/2023 under Sections 498A/406/506/34 IPC registered at Police Station Dayalpur 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 FEBRUARY 19, 2025/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.