Neeraj Kumar Neeraj Singh & ORS. v. State NCT Of Delhi Through Sho Ps Vasant Vihar & ANR.

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + NEERAJ KUMAR NEERAJ SINGH & ORS. .....Petitioners Through:

Mr. N. K. Sharma, Mr. Harish Kumar and Mr. Ruby Chauhan, Advocates along with Petitioners in person versus STATE NCT OF DELHI THROUGH SHO PS VASANT VIHAR & ANR.

.....Respondents Through:

Mr. Yasir Rauf Ansari, ASC for State for Mr. Anand V. Khatri, ASC for State along with SI KM Banti, PS:

Vasant Vihar Mr. Akash Chauhan, Mr. Aakash Yadav and Mr. Navneet Mohan, Advocates for R-2

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 03.02.2025 1.

The present petition has been filed seeking quashing of FIR No. 363/2014 dated 26.04.2014 registered at P.S. Vasant Vihar for offences under Sections 498-A/406/34 of the Indian Penal Code, 1860 on basis of the settlement between the parties.

2.

The subject FIR has been filed on the complaint of Respondent No. 2. Respondent No. 2 is the wife of Petitioner No. 1 and daughter-in-law of Petitioner Nos. 2 and 3. It is the case of the Petitioners that the parties have settled all their disputes in terms of the Memorandum of Understanding (MoU) dated 02.09.2024, which has been filed as Annexure-6 (colly) to the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Petition.

3.

As per the settlement, a sum of Rs. 15 lakhs was payable to Respondent No. 2. Out of the said amount, a sum of Rs. 10 lakhs has been paid. The Petitioners have brought a demand draft of Rs. 5 lakhs in the name of Respondent No. 2 for payment.

4.

Petitioner Nos. 1, 2 and 3 are present in person and have been identified by the learned counsel for the Petitioners and the Investigating Officer ('IO').

5.

Respondent No. 2 has joined the proceedings through Video Conferencing and has been identified by the counsel and the IO. 6.

Learned counsel for the Petitioners states that parties have entered into a settlement agreement i.e. MoU dated 02.09.2024 and settled their disputes with Respondent No. 2.

6.1. He states that Petitioner No. 1 and Respondent No. 2 were married and have now dissolved the marriage by a decree of mutual consent of divorce dated 18.10.2024. He states that there was no child borne out of this wedlock.

6.2. He states that Petitioner No. 1 has agreed to pay permanent alimony of Rs. 15 lakhs to Respondent No. 2, out of which Rs. 10 lakhs already stand paid by the bank transfers.

6.3. He states that the last instalment of Rs. 5 lakhs has to be paid today and for the said amount Demand Draft has been brought to the Court and the demand draft has been handed over to the counsel for Respondent No. 2. 7.

Learned counsel for Respondent No. 2 confirms receipt of the demand draft and the previous amount of Rs. 10 lakhs. 8.

This Court has interacted with Respondent No. 2, who has joined the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

proceedings through Video Conferencing. She confirms having executed the affidavit in support of the petition recording her 'No Objection' for the quashing of the subject FIR. She states that she is satisfied with the settlement agreement and prays for the quashing of the subject FIR. 9.

Considering the above settlement between the parties and the chances of conviction of the petitioner(s) being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, the FIR No. 363/2014 dated 26.04.2014 under Sections 498-A/406/34 IPC registered at PS Vasant Vihar, Delhi and proceedings emanating therefrom are quashed. 10.

Parties shall abide by the terms of settlement. 11.

Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

12.

website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant. MANMEET PRITAM SINGH ARORA, J FEBRUARY 3, 2025/rhc/MG The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.