Lalit Kumar & ANR. v. The State Of NCT Of Delhi
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 10091/2024 LALIT KUMAR & ANR.
.....Petitioners Through:
Appearance not given.
versus THE STATE OF NCT OF DELHI .....Respondent Through:
Mr. Pradeep Gahlot, APP for State with SI Paramajeet, PS. Ranhola.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 15.01.2025 CRL.M.A. 38713/2024 (exemption) 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
CRL.M.C. 10091/2024 3.
The present petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.399/2019 under Sections 406/498A/34 IPC registered at Police Station Ranhola 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 question is quashed.
5.
The petitioner no.1 (former husband) and the petitioner no.2, who is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
the mother of the petitioner no.1, as well as, respondent no. 2 (former wife) are present in Court and they have been identified by their respective counsel, as well as, by the Investigating Officer SI Paramajeet, PS. Ranhola. 6.
The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 22.02.2008 according to Hindu Rites and Customs. Out of the said wedlock, three girl child were born namely, Lovely @ Amrita, aged about 14 years, Palak aged about 12 years, who are presently in the care and custody of the petitioner no.1 whereas the Doyal aged about 06 years, who is presently in the care and custody of the respondent no.2/mother.
7.
On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 24.08.2018. The dispute between the parties also led to the registration of present FIR. 8.
During the pendency of the proceedings, the parties have referred to Counselling Cell, Family Court attached to the Tis Hazari Courts, where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 22.11.2023, which is annexed as Annexure P-3 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 22.07.2024, which is at Pdf page 77 of 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.2.90 lacs 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 authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
the said amount, a sum of Rs. 2 lacs 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.90,000/- has been paid to the respondent no.2 today in the Court by the petitioner no.1 by way of Demand Draft bearing No.048205 dated 17.12.2024 issued by State Bank of India, Vikaspuri, New Delhi.
11.
The receipt of entire amount of Rs.2.90 lacs 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.399/2019 under Sections 406/498A/34 IPC registered at Police Station Ranhola 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 JANUARY 15, 2025/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.