CRL.M.C./1581/2024 of RAJIV LAMBA AND ORS Vs STATE THROUGH SHO PS BINDAPUR AND ANR

$~21 to 24

IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 1581/2024RAJIV LAMBA AND ORS ..... Petitioners RAJIV LAMBA AND ORS ..... Petitioners

Through: Mr. Arvind Vashistha, Advocate

Versus

STATE THROUGH SHO PS BINDAPUR AND ANR

..... Respondents

Through: Ms. Meenakshi Dahiya, APP for State with W/SI Usha Rani, CAW Cell and SI Sudeep Kumar, P.S. Bindapur Mr. Nikhil Dhiman, Advocate alongwith respondent No.2 in person. with W/SI Usha Rani, CAW Cell and SI Sudeep Kumar, P.S. Bindapur Mr. Nikhil Dhiman, Advocate alongwith respondent No.2 in person.

+ CRL.M.C. 1627/2024

RAJIV LAMBA AND ORS ..... Petitioners Through: Mr. Arvind Vashistha, Advocate Through: Mr. Arvind Vashistha, Advocate

Versus

STATE THROUGH SHO PS UTTAM NAGAR AND ANR

..... Respondents

Through: Ms. Meenakshi Dahiya, APP for State Mr. Nikhil Dhiman, Advocate alongwith respondent No.2 in person. Mr. Nikhil Dhiman, Advocate alongwith respondent No.2 in person.

+ CRL.M.C. 1677/2024ANKIT & ANR.

..... Petitioners

Through: Mr. Nikhil Dhiman, Advocate

Versus

THE GOVERMENT OF NCT OF DELHI & ANR.

..... Respondents

Through: Ms. Meenakshi Dahiya, APP for State

CRL.M.C. 1760/2024ANKIT & ANR.

Through:

Mr. Arvind Vashistha, Advocate alongwith respondent No.2 in person.

..... Petitioners Mr. Nikhil Dhiman, Advocate

Versus

THE GOVERMENT OF NCT OF DELHI & ANR.

..... Respondents Through: Ms. Kiran Bairwa, APP for State with W/SI Neeraj and SI Sudeep Kumar Mr. Arvind Vashistha, Advocate alongwith respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAVO R R26.04.2024

1. By way of the present petitions, the petitioners seek quashing of FIR No. 258/2019 under Sections 498A/406/34 IPC registered at Police Station Bindapur, Delhi, FIR No.525/2018 under Sections 354/323/341/354B/509/34 IPC registered at Police Station Uttam Nagar, Delhi, FIR No. 954/2017 under Section 451/323/509/506/34 IPC registered at Police Station Uttam Nagar, Delhi and FIR No. 350/2018 under Sections 354D/506/509/34 IPC registered at Police Station Bindapur, Delhi and the proceedings emanating therefrom.

2. The petitioners and respondents are present in the Court and they have been identified by their respective Counsel as well as by the Investigating Officer.

3. The facts of the case would show that marriage between sister of

petitioner No. 1 (Mr. Ankit) and Mr. Rajeev Lamba was solemnized according to Hindu rites and ceremonies on 18.02.2011. child was born out of the wedlock who is presently in custody of wife of Mr. Rajeev Lamba. Due to temperamental differences, sister of petitioner No. 1 (Mr. Ankit) and Mr. Rajeev Lamba started living separately since 12.09.2015.

4. Learned counsel appearing on behalf of the parties submit that with the intervention of the family members and well wishers, the parties have entered into settlement vide Settlement Deed dated 04.05.2023 beforeMediation Centre, Dwarka Courts, New Delhi. The parties jointly submit that the terms of the settlement have already been acted upon.

5. The balance amount of Rs.3,30,000/- has been paid today to respondent No.2 by way of three FDRs bearing Nos. 22848023, 22848024 & 22848025 amounting to Rs.1,10,000/- each.

7. Respondent No.2, who is present in the Court acknowledges the receipt of the aforesaid amount. She submits that she has entered into the aforesaid settlement with her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed, as she is left with no claim against the petitioners.

8. The statement and undertaking given on behalf of the parties is taken on record and they are held bound by the same.

9. Taking into consideration the overall facts and circumstances of the case and the fact that the parties have arrived at an amicable settlement voluntarily, without any force, therefore, under such circumstances and in view of the law laid down by the Hon'ble Supreme Court in the matter of B.S.

Joshi & Ors v. State of Haryana & Anr.[1],Gian Singh v. State of Punjab[2]and Jitendra Raghuvanshi & ors. v. Babita Raghuvanshi & Anr.[3], there is no reason as to why genuine settlement between the parties of matrimonial dispute shall not be encouraged.

10. Hence, the FIR No. 258/2019 under Sections 498A/406/34 IPC registered at Police Station Bindapur, Delhi, FIR No. 525/2018 under Sections 354/323/341/354B/509/34, IPC registered at Police Station Uttam Nagar, Delhi, FIR No. 954/2017 under Sections 451/323/509/506/34 IPC registered at Police Station Uttam Nagar, Delhi and FIR No. 350/2018 under Sections 354D/506/509/34 IPC registered at Police Station Bindapur, Delhi and the proceedings emanating therefrom are, hereby, quashed.

11. The petitions are accordingly disposed of.

12. copy of this order be forwarded to learned Trial Court for information.

13. It is made clear that in view of the dictum of the Hon’ble Supreme Court in the case of Ganesh v. Sudhirkumar Shrivastava and Others[4], the terms of settlement between the parties will not come in the way of enforcing the rights of minor child and her rights shall not be adversely affected.

APRIL 26, 2024 p’ma

PURUSHAINDRA KUMAR KAURAV, J.

1 (2003) 4 SCC 675

2 (2012) 10 SCC 303

3 (2013) 4 SCC 58

4 (2020) 20 SCC 787