Tarun Bansal & ORS. v. State (Govt. Of NCT Delhi) & ANR.
$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9843/2024 TARUN BANSAL & ORS.
.....Petitioners Through:
Mr. Om Prakash Gupta and Mr. Akhil Bansal, Advs.
versus STATE (GOVT. OF NCT DELHI) & ANR. .....Respondents Through:
Mr. Digam Singh Dagar, APP for State with SI Yashpal Singh, PS Farsh Bazar.
Ms. Payal Bahl and Mr. Vikhyat Gupta, Advs. for R-2 along with R-2.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 16.12.2024 CRL.M.A. 37721/2024 (exemption) 1.
Allowed, subject to all just exceptions.
2.
The application stands disposed of.
CRL.M.C. 9843/2024 3.
The present petition has been filed under Section 528 of BNSS, 2023 seeking quashing of FIR No.426/2020 under Sections 498A/406/34 IPC registered at Police Station Farsh Bazar and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.
4.
Issue notice. Mr. Digam Singh Dagar, the learned APP for the State, as well as, Ms. Payal Bahl, learned counsel appearing on behalf of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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), as well as, respondent no. 2 (former wife) are present in the Court and they have been identified by their respective counsel and by the Investigating Officer, i.e., SI Yashpal Singh. 6.
The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 11.07.2019 according to Hindu Rites and Customs.
7.
On account of temperamental issues certain disputes arose between the parties and they started living separately since January, 2020. 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 Delhi Mediation Centre, Karkardooma Courts, Delhi where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 24.08.2023, which is annexed as Annexure-X 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 03.02.2024, which is annexed as Annexure P-3 to the present petition.
10.
It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs.4,00,000/- to the respondent no.2 towards full and final settlement of all her claims on account of permanent alimony, jewellery, maintenance (past, present and future) etc. Out of the said amount, a sum of Rs.3,00,000/- has already been paid by the petitioner no.1 to the respondent The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
no.2 in the manner as mentioned in the settlement. The remaining amount of Rs.1,00,000/- has been paid to the respondent no.2 today in the court by the petitioner no.1 by way of Demand Draft bearing No.249936 dated 20.09.2024 issued by the Vaish Co-operative New Bank Ltd., 5/41, Bara Bazar, Shahdara, Delhi-110032.
11.
The receipt of entire amount of Rs.4,00,000/- is acknowledged by the respondent no.2, who is present in court.
12.
The respondent no.2, on a query put 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.426/2020 under Sections 498A/406/34 IPC registered at Police Station Farsh Bazar alongwith all other proceedings emanating therefrom, is quashed. 16.
The petition stands disposed of in the above terms. 17.
Order be uploaded on the website of this court. VIKAS MAHAJAN, J DECEMBER 16, 2024 aj The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.