Lalit Kumar & ORS. v. State Govt. Of NCT Of Delhi And ANR.

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9954/2024 & CRL.M.A. 38138/2024 LALIT KUMAR & ORS.

.....Petitioners Through:

Mr. Prakash Khandelwal, Adv. along with petitioner no.1.

versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through:

Mr. Aman Usman, APP for State with S.I. Ajay, P.S. Shahbad Dairy, Delhi.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 29.01.2025 1.

The present petition has been filed under Section 528 of BNSS, 2023 seeking quashing of FIR No.87/2018 under Sections 498A/406/34 IPC registered at Police Station Shahbad Dairy, Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

2.

Issue notice. The learned APP appearing on behalf of the State accepts notice. Likewise, the respondent no.2, who is present in court, also accepts notice. The learned APP 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 question is quashed. 3.

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

Investigating Officer i.e. S.I. Ajay, P.S. Shahbad Dairy, Delhi. 4.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 22.02.2017 according to Hindu Rites and Customs.

5.

On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 02.07.2017. The dispute between the parties also led to the registration of present FIR. 6.

During the pendency of proceedings, the parties were referred to Delhi Government Mediation & Conciliation Centre, where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 22.04.2022, which is annexed as Annexure P-2 (at page 30) to the present petition.

7.

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 06.10.2022. The petition is also supported by an affidavit of respondent no. 2 which is attached at page no.41 to the present petition. 8.

It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs.3,00,000/- 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.2,00,000/- 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.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.536824 dated 28.01.2025 issued by Canara Bank, Dilshad Garden-II, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Delhi-110095.

9.

The receipt of entire amount of Rs.3,00,000/- is acknowledged by the respondent no.2, who is present in court.

10.

The respondent no.2, on a query posed by the 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.87/2018 under Sections 498A/406/34 IPC registered at Police Station Shahbad Dairy, Delhi alongwith all other proceedings emanating therefrom, is quashed. 14.

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

15.

Order be uploaded on the website of this court. VIKAS MAHAJAN, J JANUARY 29, 2025 aj The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.