W.P.(CRL)/2957/2024 of MRIDUL SINGH RATHORE ALIAS MRIDUL KUMAR SINGH Vs THE STATE GOVT. OF NCT OF DELHI AND ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2957/2024

MRIDUL SINGH RATHORE ALIAS MRIDUL KUMAR SINGH

.....Petitioner

Through: Mr. Rahul Rohtagi, Mr. Syed Ajmal Hasan, Ms. Priya Malik, Advs. with petitioner No.1 through VC and petitioner No.2 in person.

versus

THE STATE GOVT. OF NCT OF DELHI AND ANR.

.....Respondent

Through: Mr. Sanjeev Bhandari, ASC, Ms. Charu Sharma, Mr. Arjit Sharma, Mr. Vaibhav Vats, Mr. Nikunj Bindal, Advs. for State and Insp. Annu, Ps Hauz Khas. Charu Sharma, Mr. Arjit Sharma, Mr. Vaibhav Vats, Mr. Nikunj Bindal, Advs. for State and Insp. Annu, Ps Hauz Khas.

Mr. Syed Abul Kalam, Mr. Faizan Ahemad Khan, Advs. with respondent No.2

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

24.09.2024

CRL.M.A. 28878/2024

1.Exemption allowed, subject to all just exceptions.

2.Application stands disposed of.

W.P.(CRL) 2957/2024

3.The Present petition has been filed under Article 226 & 227 of the Constitution of India r/w section 528 BNSSseeking quashing of FIR No. 205/2022 dated 29.04.2022 registered under Section 498A/406/34 IPC at PS Hauz Khas and all the other proceedings emanating therefrom. Constitution of India r/w section 528 BNSSseeking quashing of FIR No. 205/2022 dated 29.04.2022 registered under Section 498A/406/34 IPC at PS Hauz Khas and all the other proceedings emanating therefrom.

4.Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 08.12.2020 in accordance with the Hindu Rites and Ceremonies and no child was born out of the said wedlock. However, on account of temperamental differences and mental incompatibility, the parties started living separately and instituted multiple litigations against each other and their respective families including the present FIR.

5.Learned Counsel further submits that during the pendency of the proceedings, the parties have resolved their disputes amicably, and in furtherance thereof, they have entered into settlement agreement dated 30.04.2024. proceedings, the parties have resolved their disputes amicably, and in furtherance thereof, they have entered into settlement agreement dated 30.04.2024.

6.Pursuant to the settlement, it is submitted by both parties that the marriage between them has already been dissolved on 03.08.2024 as per law. marriage between them has already been dissolved on 03.08.2024 as per law.

7.Furthermore, the Learned Counsel for the petitioners submits that since the parties have resolved all their differences amicably, therefore, it would be in the interest of justice to quash FIR No. 205/2022 dated 29.04.2022 registered under Section 498A/406/34 IPC at PS Hauz Khas and all the other proceedings emanating therefrom.

8.I have gone through the settlement deed dated 30.04.2024 which has been placed on record. The settlement agreement provides for the been placed on record. The settlement agreement provides for the

following terms and conditions:

“1. It is agreed between the parties that since there is no chance of their re-union, both the parties have decided to get separation from each other by way of mutual divorce.

2. It is agreed between the parties that Second Party/husband is ready to pay the amount of Rs.8,00:000/- (Rupees eight lakh only) towards full and final settlement of all her claims including maintenance (past, present and future), permanent alimony, stridhan etc. and in respect of all the above- mentioned matter/s.

3. It is agreed between the parties that Second Party/husband shall pay the above-mentioned settled amount of Rs.8,00,000/- (Rupees eight lakh only) to the First Party in three (03) installments by way of DD/RTGS/Any other electronic mode.

4. It is agreed between the parties that Second Party/husband shall make the payment of first installment of Rs.3,00,000/- to the First Party at the time of recording of statements of the parties on first motion of mutual divorce petition before the court concerned which shall be filed within 15 days from today.

5. It is further agreed between the parties that both the parties will jointly file the second motion divorce petition within the statutory period, as per law and Second party/husband shall pay second installment of Rs.2,00,000/- to the First party at the time of recording the statement of second motion of divorce proceedings before the court concerned. Both the parties are also at liberty to seek waiver of the mandatory cocling off period of 6 months from the appropriate Court, for which both the parties shall co-operate. Both the parties shall co-operate with each other in preparation of petition for divorce by mutual consent.

8. FIR No. 205/2022, U/s 498A/406/354/34 IPC, PS Hauz Khas, has been registered against the following accused

persons on the complaint of First Party:-

(i). Sh. Mridul Singh Rathore/Husband/Second party

(ii). Sh. Prabal Rathore/ Brother-in-law of Second party

(iii). Ms. Rachna Rathore/Sister of Second party

(iv). Sh. Vijay Rathore/Brother of Second party

As one of the sections in above-mentioned FIR is non-compoundable in nature, hence it cannot be settled through mediation. However, it is agreed upon between the parties that the Second Party alongwith all the other co- accused shall move for quashing of above-mentioned FIR before the Hon'ble High Court within 30 days after recording of statement for second motion and the First Party shall fully co-operate in the said proceedings. It is further agreed between the parties that the First Party shall sign his/her affidavit of no objection, appear and do all possible acts required in order to get the above- mentioned FIR as well as proceedings omanating therefrom quashed qua all the accused persons. The litigation expenses for quashing of the above- mentioned FIR shall be borne by the accused persons. It is further agreed between the parties that the Second Party shall pay the 3rd installment of Rs.3,00,000/- to the First Party on or before the date of hearing of quashing petition before the Hon'ble Delhi High Court.

7. That both the parties undertake not to interfere in each other's life or future prospects or malign each other or their families over social media, internet or by any means and both the parties will not contact each other in any way like Whatsapp, email, telephone, and any other electronic mode, etc. or never contact or try to meet their family members, relatives and friends in future for any purposes whatsoever. It is further agreed between the partiesthat both parties shall not misuse any photograph or video of each other.

8. It is further agreed between the parties that all the above-mentioned matters shall be withdrawn by the respective parties from the concerned courts.

9. It is further agreed between the parties that no Party shall back out from the present Settlement Agreement and shall co-operate each other to get the mutual divorce in terms of the present Settlement Agreement. If any Party to the present Settlement Agreement fails to co-operate at any stage of proceedings, the other Party shall be at liberty to initiate all the legal proceedings against the faulty Party on account of breach of the present Settlement Agreement by way of suing the other Party in accordance with the law of the land.

10. It is also agreed by the parties that upon compliance of the above- mentioned terms and conditions of this settlement, parties shall not file any civil/criminal case against each other or their family members, pertaining to their marriage and/or with regard to their respective movable or immovable - property/properties, whatsoever.

11. It is also agreed between the parties that pursuant to the settlement reached between the parties, all the matters/cases/complaints (civil/criminal), which are pending between the parties before any Court/Authorities/Forum shall be deemed to have been settled or to have been withdrawn post signing of this settlement.

This settlement has been voluntarily arrived at between the parties with their own free will and without any force, pressure or coercion and both the parties and bound by the terms and conditions mentioned herein above.”

9.As per settlement, demand draft bearing DD No. 138469 dated 12.09.2024 drawn in the name of Vandana Gupta of Rs.Three Lakhs Only drawn from Union Bank of India is handed over to the respondent No.2 in the Court. Respondent No. 2 states that she has received the entire settlement amount. 12.09.2024 drawn in the name of Vandana Gupta of Rs.Three Lakhs Only drawn from Union Bank of India is handed over to the respondent No.2 in the Court. Respondent No. 2 states that she has received the entire settlement amount.

10.It is settled that the inherent powers under section 482 of the Code are

required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash non- compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Supreme Court and this Court have repeatedly held that the cases arising out of matrimonial differences should be put to quietus if the parties have reached an amicable settlement. Reliance may be placed upon: B.S. Joshi v. State of Haryana, (2003) 4 SCC 675; K. Srinivas Rao v. D.A.Deepa, (2013) 5SCC 226; Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another, 2019 SCC OnLine Del 8179. 11.Both parties are present in court and have duly been identified by the IO. Respondent No. 2 submits that she has entered the settlement voluntarily without any fear, force, or coercion. She submits that other petitions have already been withdrawn or dismissed. And since the marriage between the parties has also been dissolved on 03.08.2024 as per law, she has no objection if FIR No. 205/2022 dated 29.04.2022 registered under Section 498A/406/34 IPC at PS Hauz Khas and all the other proceedings emanating therefrom are quashed.

12.Taking into account the totality of facts and circumstances of the case, this court considers that the parties have entered into an amicable settlement out of their own free will, without any fear, force or coercion and they should be given an opportunity to lead their lives peacefully. No purpose will be served in continuing with the trial. this court considers that the parties have entered into an amicable settlement out of their own free will, without any fear, force or coercion and they should be given an opportunity to lead their lives peacefully. No purpose will be served in continuing with the trial.

13.In view of the above, FIR No. 205/2022 dated 29.04.2022 registered under Section 498A/406/34 IPC at PS Hauz Khasand all the other proceedings emanating therefrom are quashed. under Section 498A/406/34 IPC at PS Hauz Khasand all the other proceedings emanating therefrom are quashed.

14.The present petition along with all the pending applications stand disposed of.

SEPTEMBER 24, 2024/AR/NA..

DINESH KUMAR SHARMA, J