Praveen Kumar & ORS. v. The State Of NCT Of Delhi & ANR.

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 10212/2024 PRAVEEN KUMAR & ORS.

.....Petitioners Through:

Mr.

Lokesh Kumar, Adv.

with petitioners in person.

versus THE STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Hitesh Wali, APP for State with SI Jitendra Yadav PS Mohan Garden SI Surendra Singh CAW Dwarka Mr. Abhinav, Adv. for R2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 18.02.2025 1.

The present petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.0758/2020 under Sections 498A/406/34 IPC registered at PS Mohan Garden, New Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

2.

Notice in the petition was issued vide order dated 24.12.2024. The learned APP for the State 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), petitioner nos. 2 and 3, who are close relatives of petitioner no.1, as well as, respondent no. 2 (former wife) The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

are present in the court and they have been identified by their respective counsels, as well as, by the IO SI Jitendra Yadav PS Mohan Garden SI Surendra Singh CAW Dwarka.

4.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 16.11.2016 according to Hindu Rites and Customs. Out of the said wedlock, no child was born. 5.

On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 11.09.2019. The dispute between the parties also led to the registration of present FIR. 6.

During the pendency of the proceedings, the parties arrived at a settlement. In terms of the said settlement, the petitioner no. 1 and the respondent no. 2 decided to dissolve their marriage by filing a petition for divorce by way of mutual consent.

Accordingly, they have obtained a decree of divorce dated 23.08.2024, which is annexed as Annexure E (colly) to the present petition.

7.

As per the settlement between the parties that the petitioner no.1 agrees to pay a total sum of Rs.4,70,000/- lakhs to the respondent no.2 towards her full and final settlement on account of streedhan, permanent alimony, dowry articles, maintenance (past, present and future) etc. The entire amount of Rs.4,70,000/- has already been paid by the petitioner no.1 to the respondent no.2, the receipt of which is acknowledged by the respondent no.2, who is present in Court.

8.

The petition is also supported by the affidavit of respondent no.2 which is at page no.49 of the present petition. The respondent no.2, on a query posed by the Court, states that she has no objection in case the FIR is quashed. 9.

In view of the fact that the parties have arrived at a settlement, no useful The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

10.

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

11.

Consequently, the petition is allowed and the FIR No.0758/2020 under Sections 498A/406/34 IPC registered at PS Mohan Garden, New Delhi alongwith all other proceedings emanating therefrom, is quashed. 12.

The petition stands disposed of in the above terms. 13.

Order be uploaded on the website of this court. VIKAS MAHAJAN, J FEBRUARY 18, 2025 N.S. ASWAL The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.