Arvind Pandey & ORS. v. The State Govt. Of NCT Of Delhi And ANR.

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 10247/2024 ARVIND PANDEY & ORS.

.....Petitioners Through:

Mr. Sanjeev, Adv.

versus THE STATE GOVT. OF NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Digam Singh Dagar, APP for State with SI Praveen Kumar (Main IO) and SI Paramjeet, PS. Ranhola.

Mr. Nitin Garg and Mr. Anant Rishabh Singh, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 24.12.2024 1.

The present petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.221/2016 under Sections 498A/406/34 IPC registered at Police Station Ranhola and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

2.

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.

3.

The petitioner no.1 (former husband) and the petitioner nos.2 to 4, who are close relatives of petitioner no.1, as well as, respondent no. 2 (former wife) have joined through VC , and they have been identified by their The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respective counsel, as well as, by the Investigating Officer SI Praveen Kumar (Main IO) and SI Paramjeet, PS. Ranhola.

4.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 11.09.2013 according to Hindu Rites and Customs. No child was born out of the said wedlock. 5.

On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 13.09.2015. The dispute between the parties also led to the registration of present FIR. 6.

During the pendency of the proceedings, the parties have arrived at a settlement, terms whereof were reduced in writing in the form of Memorandum of Understanding dated 07.10.2016, which is annexed as Annexure B 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 25.05.2017 which is annexed as Annexure C to the present petition.

8.

It is also a term of the settlement between the parties that the respondent no.2 has waived all her claims on account of streedhan, permanent alimony, dowry articles, maintenance (past, present and future) etc. This fact is affirmed by the respondent no.2, who has joined through VC. 9.

The respondent no.2, on a query posed by the Court, states that she has no objection in case the FIR is quashed.

10.

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.

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

11.

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

12.

Consequently, the petition is allowed and the FIR No.221/2016 under Sections 498A/406/34 IPC registered at Police Station Ranhola alongwith all other proceedings emanating therefrom, is quashed. 13.

The petition stands disposed of in the above terms. 14.

Order be uploaded on the website of this Court. VIKAS MAHAJAN, J DECEMBER 24, 2024/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.