CRL.M.C./3477/2024 of SANJEEV Vs STATE OF NCT OF DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3477/2024

SANJEEV

..... Petitioner

Through: Ms. Sabya Naseem, Adv. with petitioners in person. petitioners in person.

versus

STATE OF NCT OF DELHI ..... Respondent

Through: Mr. Raj Kumar, APP for State with

W/SI Neelu PS Bindapur Distt. Dwarka Mr. Manish Kashyap, Adv. for R2 with R2 in person. Dwarka Mr. Manish Kashyap, Adv. for R2 with R2 in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R R% 02.05.2024

CRL.M.A. 13371/2024 (exemption)

1.Allowed, subject to all just exceptions.

2.Application stands disposed of.

CRL.M.C. 3477/2024

3.The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.398/2022 under Sections 498/406/34 IPC registered at Police Station Bindapur and all consequential proceedings emanating therefrom on the ground that the parties have arrived at settlement.

4.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.

–5.The petitioner no.1 (former husband), petitioner nos. 2 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 respective counsel and by the Investigating Officer W/SI Neelu PS Bindapur Distt. Dwarka.

6.The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 01.07.2021 according to Hindu Rites and Customs. Out of the said wedlock, no child was born.

7.On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 24.07.2021. The dispute between the parties also led to the registration of present FIR.

8.During the pendency of the proceedings, the parties were referred to Counselling Cell, Family Courts, Dwarka Court where they arrived at settlement, terms whereof were reduced in writing in the form of Settlement dated 02.08.2023, which is at page 41 to the present petition.

9.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 20.12.2023, which is annexed at page 48 to the present petition.

10.It is term of the settlement between the parties that the petitioner no.1 shall pay total sum of Rs.5,50,000/- to the respondent no.2 towards full and final settlement of all her claims on account of streedhan, permanent alimony, dowry articles, maintenance (past, present and future)

etc. The entire amount of Rs. 5,50,000/- has already been paid to the respondent no.2 as mentioned in the settlement.

11.The receipt of entire amount of Rs.5,50,000/- is acknowledged by the respondent no.2, who is present in court.

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

13.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.

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

15.Consequently, the petition is allowed and the FIR No.398/2022 under Sections 498/406/34 IPC registered at Police Station Bindapur alongwith all other proceedings emanating therefrom, is quashed.

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

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

MAY 2, 2024 N.S. ASWAL

VIKAS MAHAJAN, J