Sachin Mittal & ORS. v. The State NCT Of Delhi & ANR.

$~48 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 4032/2024 & CRL.M.A. 38860/2024 SACHIN MITTAL & ORS.

.....Petitioners Through:

Mr. Vishal Kumar, Advocate.

versus THE STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel for the State with SI Rajpal and ASI Md.

Amzad Ali, P.S. Budh Vihar.

Mr.

Manoj and Mr.

Himanshu, Advocates for R2.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 23.12.2024 By way of the present petition filed under Article 226 of the Constitution of India, the petitioners, who are the former husband and in-laws of the complainant/respondent No. 2, seek quashing of case FIR No. 419/2023 dated 19.09.2023 registered under sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Budh Vihar, Delhi.

2.

The petition is premised on Affidavit dated 10.12.2024 signed by respondent No. 2; and Divorce Decree dated 01.08.2024, which is the culmination of petitions under sections 13B(1) and 13B(2) of the Hindu Marriage Act 1955, whereby the parties had sought dissolution of their marriage by mutual consent.

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

3.

The petition is also supported by affidavits of the petitioners alongwith proof of their IDs.

4.

The Petitioners as well as respondent No. 2 are present in court. Their credentials have been verified and they have also been identified by their respective counsel.

5.

The parties have confirmed that no child was born from the wedlock. 6.

No appeal is stated to have been filed from the divorce decree. 7.

The court has queried respondent No. 2, who confirms that she has taken divorce by mutual consent; and that in full-and-final settlement of all her claims including towards maintenance (past, present and future), stridhan, dowry articles, jewellery, permanent alimony, etc., she has received the total sum of Rs. 15,00,000/- from petitioner No.1, in compliance of the terms of the settlement. Respondent No. 2 confirms that all aspects of the settlement have now been performed. 8.

Mr. Sanjay Lao, learned Standing Counsel confirms that the State has no objection to the subject FIR being quashed. 9.

In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

Accordingly, FIR No. 419/2023 dated 19.09.2023 registered under sections 498-A/406/34 of the IPC at P.S.: Budh Vihar, Delhi is quashed. All proceedings arising therefrom also stand closed. 11.

Petition stands disposed-of.

12.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J DECEMBER 23, 2024 V.Rawat The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.