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High Court of DelhiCRL.M.C./9787/2024

Ravi Kumar @ Ravi & ORS. v. State Govt NCT Of Delhi & ANR.

2024-12-12Hon'Ble Mr. Justice Jasmeet Singh3 pages

$~55 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 9787/2024 RAVI KUMAR @ RAVI & ORS.

.....Petitioners Through:

Mr. Roshan Lal, Ms. Julie Sodhi, Advs.

versus STATE GOVT NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Sunil Kumar Gautam, APP with SI Swati, PS Saket Mr. Neeraj Singh, Adv.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 12.12.2024 CRL.M.A. 37508/2024 Exemption allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 9787/2024 1.

This is a petition filed under section 528 of BNSS seeking quashing of FIR No. 0025/2019, dated 17.01.2019, registered at P.S. Saket, Delhi under Sections 498A/406/34 IPC, 1860 and all consequential proceedings emanating therefrom, if any.

2.

During the pendency of the proceedings, the parties have arrived at a settlement on 18.05.2024 before the Mediation Centre, Saket Courts, New Delhi, whereby the petitioner undertakes to pay a sum of Rs. 10 lakhs to respondent no.2 towards full and final settlement of all her claims. 3.

Out of the total amount of Rs 10 lakhs, an amount of Rs. 6 lakhs has already been paid to respondent no.2. The remaining amount of Rs. 4 lakhs is paid today vide Demand Draft bearing No. 053893, dated 26.11.2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

drawn on Axis Bank, Malviya Nagar.

4.

Petitioners i.e. Mr. Ravi Kumar (petitioner no.1), Mr. Kewal Kumar (petitioner no.2), Ms. Bharti (petitioner no.3), Ms. Anusha (petitioner no. 4) and Ms. Pooja (petitioner no.5) are present in court and are identified by their counsel , namely, Mr. Roshan Lal, Adv.

5.

Respondent No. 2 i.e. Smt. Uma is present in court and is identified by her counsel, namely, Mr. Neeraj Sinha, Adv and SI Swati, P.S. Saket. 6.

It is pointed out that there is one minor male child borne out of the wedlock who is in the care and custody of respondent no. 2. 7.

In view of the judgment laid down by the Hon'ble Supreme Court in Ganesh v. Sudhir Kumar Shrivastava (2020) 20 SCC 787, it is directed that the settlement executed between the petitioners and respondent No. 2, and this order shall have no effect on the rights of child of the parties, who shall be free to avail all legal rights and remedies towards inheritance, maintenance, education, marriage expenses etc. against either of his parents. 8.

Both the parties state that they have entered into the aforesaid settlement out of their own free will, volition and without any threat, force, undue influence or coercion. In addition, respondent no. 2 states that she has no objection if the aforesaid FIR is quashed. 9.

Since the parties have arrived at a settlement and no disputes are pending, I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure the ends of justice. This court does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further. It is a fit case for quashing. In this view of the matter, there is no reason to continue the proceedings.. 10.

For the reasons noted above, FIR No. 0025/2019, dated 17.01.2019, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

registered at P.S. Saket, Delhi under Sections 498A/406/34 IPC, 1860 and all consequential proceedings emanating therefrom, if any are hereby quashed.

11.

The petition is disposed of accordingly.

JASMEET SINGH, J DECEMBER 12, 2024/DM 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.