CRL.M.C./1417/2024 of SHRI ABHISHEK VASHISHT & ANR. Vs STATE OF NCT OF DELHI & ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C.1417/2024 SHRI ABHISHEK VASHISHT & ANR. ..... Petitioners Through: Mr. Sarthak Yadav and Mr, Kapil Yadav, Advs. SHRI ABHISHEK VASHISHT & ANR. ..... Petitioners Through: Mr. Sarthak Yadav and Mr, Kapil Yadav, Advs.

versus

STATE OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Satish Kumar, APP for State with SI Yogendra Kumar, PS. Vikaspuri. Ms. Sharanjeet Kaur, Adv. for complainant. Through: Mr. Satish Kumar, APP for State with SI Yogendra Kumar, PS. Vikaspuri. Ms. Sharanjeet Kaur, Adv. for complainant.

Ms. Sunita Arora, Adv. (DHCLSC) for R-2 through VC along with R-2. for R-2 through VC along with R-2.

CORAM:HON'BLE MR. JUSTICE VIKAS MAHAJANO R R21.02.2024

1.The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.286/2017 under Sections 406/498A/34 IPC registered at Police Station Vikaspuri and all consequential proceedings emanating therefrom on the ground that the parties have arrived at settlement.

2.Issue notice. The learned APP for the State accepts notice. He submits that since the FIR is an outcome of matrimonial dispute and the parties have arrived at settlement, the State has no objection in case the FIR in question is quashed.

3.The petitioner no.1 (former husband) and the petitioner no.2, who is close relative of petitioner no.1, as well as, respondent no. 2 (former wife) are present in the Court and they have been identified by their counsel and by the Investigating Officer SI Yogendra Kumar, PS. Vikaspuri.

4.The brief facts of the case are that the marriage between the petitioner

no.1 and respondent no. 2 was solemnized on 29.01.2015 according to Hindu Rites and Customs. Out of the said wedlock, one male child namely Master Abhiyansh was born, who is presently in the care and custody of the respondent no.2.

5.On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 20.11.2016. The dispute between the parties also led to the registration of present FIR.

6.During the pendency of the proceedings, the parties were referred to Mediation Centre, Dwarka Courts, New Delhi, where they arrived at settlement, terms whereof were reduced in writing in the form of Settlement dated 18.11.2023, which is annexed as Annexure to the present petition.

7.In terms of the said settlement, the parties decided to dissolve their marriage by filing petition for divorce by way of mutual consent. Accordingly, the petitioner no.1 and respondent no.2 have obtained decree of divorce dated 24.01.2024, which is annexed as Annexure to the present petition.

8.It is also term of the settlement between the parties that the petitioner no.1 shall pay total sum of Rs.40 lacs to the respondent no.2 and their son towards full and final settlement of all her claims on account ofstreedhan, permanent alimony, dowry articles, maintenance (past, present and future) etc. Out of the said amount, sum of Rs. 30 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. 10 lacs has been paid to the respondent no.2 today in the court by the petitioner no.1 in the following manner:- (i) by way of Banker’s Cheque bearing No.164559 dated 20.02.2024 for an amount of Rs. 5 lacs issued by State Bank of India in

favour of respondent no.2 (ii) by way of Demand Draft bearing No.290171 dated 20.02.2024 issued by Axis Bank in favour of their son.

9.The receipt of entire amount of Rs.40 lacs is acknowledged by the respondent no.2, who is present in court.

10.The respondent no.2, on query put 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 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.286/2017 under Sections 406/498A/34 IPC registered at Police Station Vikaspuri alongwith all other proceedings emanating therefrom, is quashed.

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

15.Order be uploaded on the website of this court.

FEBRUARY 21, 2024/dss

VIKAS MAHAJAN, J