W.P.(CRL)/3772/2024 of MOHIT & ORS. Vs THE STATE OF NCT OF DELHI & ANR.
Parties
- MOHIT & ORS (PETITIONER)
- THE STATE OF NCT OF DELHI & ANR (RESPONDENT)
Cites (1)
Statutes cited (4)
- constitution of india, 482 (1950)
- constitution of india, article-226 (1950)
- code of criminal procedure (1973)
- indian penal code (1860)
Full text
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+W.P.(CRL) 3772/2024
MOHIT & ORS.
.....Petitioners
Through:Mr. Paramjeet and Mr. HimanshuMakkar, Advs.Makkar, Advs.
versus
THE STATE OF NCT OF DELHI & ANR.
.....RespondentsThrough:Mr. Sanjay Lao, Standing Counsel(Crl.) for State with Ms. PriyamAgarwal and Mr. Abhinav KumarArya, Advs.(Crl.) for State with Ms. PriyamAgarwal and Mr. Abhinav KumarArya, Advs.
SI Mohit Chahar, PS Vijay Vihar.Mr. Parveen Kumar Duhan, Adv. forR-2 with R-2 in person.Mr. Parveen Kumar Duhan, Adv. forR-2 with R-2 in person.
CORAM:HON'BLE MR. JUSTICE JASMEET SINGH
O R R%03.12.2024
CRL.M.A. 36237/2022
1.Exemption allowed, subject to all just exceptions.
2.The application stands disposed of.
W.P.(CRL) 3772/2024
3.This is petition filed under Article 226 of the Constitution of Indiaread with Section 482 of Code of Criminal Procedure, 1973 seekingquashing of FIR No. 571/2023, dated 21.11.2023, registered at PoliceStation Vijay Vihar, Delhi under Sections 498-A/406/34 of IPC,1860 and allconsequential proceedings emanating therefrom, if any.
4.During the pendency of the proceedings, the parties have arrived at
settlement on 22.08.2024 before the Delhi Mediation Centre, Rohini DistrictCourts, Delhi whereby, the petitioner No. 1/husband had to pay sum of Rs.12.5 lakhs to respondent No.2/wife towards full and final settlement of allher claims. There is no child born out of the wedlock.
5.Out of the total amount of Rs 12.5 lakhs, an amount of Rs 8.5 lakhshas already been paid to respondent no. 2 and the balance sum of Rs. 4 lakhshas been paid today in Court vide Demand Draft bearing No. 009870, dated02.12.2024, drawn on Axis Bank Ltd., Kashmere Gate, Delhi.
6.The petitioners i.e. Mr. Mohit (petitioner no. 1), Smt. Bimla(petitioner no. 2), Ms. Monika (petitioner no. 3), Mr. Virender Maan(petitioner no. 4) and Mr. Raminder (petitioner no.5) are present in Courtand have been identified by their counsel, namely, Mr. Paramjeet, Adv andInvestigating Officer SI Mohit Chahar, PS Vijay Vihar.
7.Respondent No. 2 i.e. Ms. Monika is also present in Court and hasbeen identified by her counsel, namely, Mr. Parveen Kumar Duhan, Advalong with Investigating Officer SI Mohit Chahar, PS Vijay Vihar.
8.Both the parties state that they have entered into the aforesaidsettlement out of their own free will, volition and without any threat, force,undue influence or coercion.
9.Since the parties have arrived at settlement and no disputes arepending, I am convinced that quashing of such proceedings on account ofcompromise would bring about peace and would secure the ends of justice.This court does not see any fruitful purpose if criminal proceedings arepermitted to be prosecuted any further. It is fit case for quashing. In thisview of the matter, there is no reason to continue the proceedings.
10.For the reasons noted above, FIR No. 571/2023, dated 21.11.2023,
registered at Police Station Vijay Vihar, Delhi under Sections 498-A/406/34of IPC,1860 and all consequential proceedings emanating therefrom, if any,are hereby quashed.
11.The petition is disposed of accordingly.
DECEMBER 3, 2024/akc
JASMEET SINGH, J
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