Heena v. State Govt. Of NCT Of Delhi And ORS.

$~109 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 9382/2024 HEENA .....Petitioner Through:

Ms. Rakhee Gupta, Adv.

versus STATE GOVT. OF NCT OF DELHI AND ORS.

.....Respondent Through:

Mr. Sunil Kr. Gautam, APP SI Amit Kumar, PS Moti Nagar Mr. Lalit Gaur, Adv.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 02.12.2024 CRL.M.A. 35982/2024-EX.

Allowed subject to all just exceptions.

The application stands disposed of.

CRL.M.C. 9382/2024 1.

This is a petition seeking quashing of the FIR No. 389/2022 registered at PS Moti Nagar under Section 498A/406/34 of IPC and proceedings emanating therefrom.

2.

During the pendency of the proceedings, the parties have arrived at a settlement before the Delhi Mediation Centre, Tis Hazari Court, Delhi, wherein the parties have reconciled all their differences and have agreed to live together.

3.

The petitioner is present and has been identified by Ms. Rakhee Gupta, learned counsel.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/12/2024 at 11:40:31

4.

The respondent No.2 is also present and has been identified by Mr. Lalit Gaur, learned counsel and SI Amit Kumar, PS Moti Nagar. 5.

The respondent has agreed to pay a sum of Rs. 8000/- per month to the wife and the minor children.

6.

In addition, the respondent No.2 is to also pay the educational expenses of the minor children.

7.

I am satisfied that even though the settlement is legal in view of the judgment of 'Ganesh vs. Sudhir Kumar Srivastava' [(2020) 20 SCC 787], the petitioner cannot settle the rights of the minor children. They are free to avail all their legal rights as available in law. 8.

In view of the aforesaid, the FIR No. 389/2022 registered at PS Moti Nagar under Section 498A/406/34 of IPC and all consequential proceedings emanating therefrom are hereby quashed. 9.

The petition is disposed of in the aforesaid terms. JASMEET SINGH, J DECEMBER 2, 2024 / (MS) Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/12/2024 at 11:40:31