Gurpreet Singh Channa & ORS. v. State Of NCT Of Delhi & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 9828/2024 GURPREET SINGH CHANNA & ORS.

.....Petitioners Through:

Mr. Rahul Gupta, Mr. Pravin Kumar and Mr.

Rajendra Kumar, Advs.

along with petitioners.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Ms. Kiran Bairwa, APP for State with ASI Partap Singh, P.S. Nihal Vihar, Delhi.

Mr. Pratham Verma, Adv. for R-2 along with R-2.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 23.01.2025 CRL.M.A. 37684/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CRL.M.C. 9828/2024 & CRL.M.A. 37683/2024 (by the petitioners under Section 528 of BNSS, 2023 seeking interim relief) 3.

The present petition has been filed under Section 528 of BNSS, 2023 seeking quashing of FIR No.613/2019 registered under Sections 498A/406/506//34 IPC registered at Police Station Nihal Vihar, Delhi and all consequential proceedings emanating therefrom on the ground that the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

parties have arrived at a settlement.

4.

Issue notice. The learned APP appearing on behalf of the State, as well as, Mr. Pratham Verma, learned counsel appearing on behalf of the respondent no.2 accept notice. They submit that since the FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement, they have no objection in case the FIR in question is quashed. 5.

The petitioner no.1 (former husband) and respondent no. 2 (former wife) are present in the Court and they have been identified by their respective counsel, as well as, by the Investigating Officer i.e. ASI Partap Singh, P.S. Nihal Vihar, Delhi.

6.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 09.10.2016 according to Sikh Rites and Customs.

7.

On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 10.11.2018. The dispute between the parties also led to the registration of present FIR. 8.

During the pendency of proceedings, the parties were referred to Mediation Centre, Tis Hazari Court, Delhi, where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement Agreement dated 03.11.2023, which is annexed as Annexure-2 to the present petition.

9.

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 have obtained a decree of divorce dated 01.06.2024, which is annexed as Annexure-3 to the present petition.

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

10.

It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs.7,25,000/- to the respondent no.2 towards full and final settlement of all her claims on account of streedhan, permanent alimony, dowry articles, maintenance (past, present and future) etc. Out of the said amount, a sum of Rs.5,00,000/- has already been paid by the petitioner no.1 to the respondent no.2 in the manner as mentioned in the settlement.

The remaining amount of Rs.2,25,000/- has been paid to the respondent no.2 today in the court by the petitioner no.1 by way of Demand Draft bearing No.748954 dated 21.11.2024 issued by State Bank of India, DLF Industrial Area, Kirti Nagar, Delhi.

11.

The receipt of entire amount of Rs.7,25,000/- is acknowledged by the respondent no.2, who is present in court.

12.

The respondent no.2, on a query posed by the Court, states that she has no objection in case the FIR is quashed.

13.

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.

14.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 15.

Consequently, the petition is allowed and the FIR No.613/2019 registered under Sections 498A/406/506//34 IPC registered at Police Station Nihal Vihar, Delhi and all consequential proceedings emanating therefrom, is quashed.

16.

The petition stands disposed of in the above terms. Consequently, the pending application shall stand disposed of.

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

17.

Order be uploaded on the website of this court. VIKAS MAHAJAN, J JANUARY 23, 2025 aj The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.