Puneet Tanwar & ORS. v. The State (Govt. Of NCT Of Delhi) & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 9529/2024 PUNEET TANWAR & ORS.

.....Petitioners Through:

Mr.

Vikas Sharma, Mrs.

Jyoti Sharma, Mr. Surya Singh and Mr.

Deekshant Kumar, Advocates versus THE STATE (GOVT. OF NCT OF DELHI) & ANR......Respondents Through:

Mr. Naval Kishore Jha, APP for the State with W/SI Usha Rani, CAW Cell and SI Bharat Singh, PS Uttam Nagar Ms. Ropal Sharma, Advocate for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 07.01.2025 CRL.M.A. 36589/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 9529/2024 3.

The present petition has been filed under Section 528 of BNSS, 2023 seeking quashing of FIR No. 153/2021 under Section 498A/406/34 IPC registered at Police Station Uttam Nagar, New Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

4.

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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

question is quashed.

5.

The petitioner no. 1 (former husband) and the petitioner nos. 2 & 3, who are close relatives of petitioner no. 1, as well as, respondent no. 2 (former wife), are present in Court and have been identified by their respective counsel as also by the IO W/SI Usha Rani PS CAW Cell. 6.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 20.04.2018 according to Hindu Rites and Ceremonies. No child was born out of the said wedlock. 7.

On account of temperamental issues certain disputes arose between the parties and they started living separately. The dispute between the parties also led to the registration of present FIR. 8.

During the pendency of the proceedings, the parties were referred to Mediation Centre, Dwarka Courts, New Delhi, where the Settlement dated 06.04.2024 has been recorded before the Mediator, Mediation Centre at Dwarka, a copy of which is annexed as Annexure P-3 to the present petition. 9.

In terms of the said settlement, it was agreed between the petitioner no.1 and the respondent no.2 that petitioner no. 1 shall pay a sum of Rs. 8.50 lakhs to the complainant/respondent no. 2 - wife as full and final settlement of her claims regarding maintenance, dowry, stridhan, permanent alimony etc.

Out of the said settled amount of Rs. 8.50 lakhs, Rs. 7 lakhs has already been paid by the petitioner no.1 to the respondent no.2, the receipt of which is acknowledged by the respondent no.2. The remaining amount of Rs.1.50 lakhs has been paid by the petitioner no.1 to the respondent no.2 today in the court by way of a Demand Draft bearing no. 706620 dated 25.11.2024 drawn on Punjab National Bank, Karol Bagh, New Delhi in favour of the respondent no.2.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

On a query posed by this Court, the respondent no.2, who is present in court, states that she has no objection in case the FIR is quashed. 11.

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.

12.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom, be quashed. 13.

Consequently, the petition is allowed and the FIR No. 153/2021 under Section 498A/406/34 IPC registered at Police Station Uttam Nagar, New Delhi and all consequential proceedings emanating therefrom, is quashed. 14.

The petition stands disposed of in the above terms. VIKAS MAHAJAN, J JANUARY 7, 2025 'rs'

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.