WRIT PETITION 292 of 2022
Parties
- KUNAL SACHDEVA & ORS (PETITIONER)
- STATE OF NCT OF DELHI & ANR (RESPONDENT)
Statutes cited (4)
- constitution of india, article-21 (1950)
- constitution of india, article-21 (1950)
- constitution of india (1950)
- constitution of india (1950)
Full text
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1380/2025
KUNAL SACHDEVA & ORS.
.....Petitioners
Through: Mr. Mayank Sharma, Advocate with petitioners in person. petitioners in person.
Versus
STATE OF NCT OF DELHI & ANR. .....Respondents
Through: Mr. Rahul Tyagi, Addl. Standing Counsel for the State with Investigating Officer, SI Yashpal Singh, PS-Farsh Bazar in person. Mr.Simran Arora, Adv. for R2 with R2 in person. Counsel for the State with Investigating Officer, SI Yashpal Singh, PS-Farsh Bazar in person. Mr.Simran Arora, Adv. for R2 with R2 in person.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R R07.05.2025
1. The Petition under Article 226/227 of the Constitution of India read with Section 482 CrPC has been filed on behalf of the petitioners, seeking to quash the FIR No. 292/2022, registered under Sections 406/498A/34 of the Indian Penal Code, 1860 at Police Station Farsh Bazar.
2.Brief facts of the case are that the marriage was solemnized between petitioner No. 1 and respondent No. 2 on 26.04.2019 according to Hindu Rites and ceremonies and no child was born out of the said wedlock. Due to some temperamental differences, the petitioner No. 1 petitioner No. 1 and respondent No. 2 on 26.04.2019 according to Hindu Rites and ceremonies and no child was born out of the said wedlock. Due to some temperamental differences, the petitioner No. 1
and the respondent No. 2 started living separately since 26.07.2021. It is submitted that due to matrimonial discord between the parties, on the complaint of respondent No. 2, the present FIR was got registered at Police Station Farsh Bazar on 21.05.2022.
3.It is submitted that in the complaint case proceedings filed by the respondent No. 2 under Section 12 of the Protection of Women from Domestic Violence Act, 2005, the matter was referred to mediation where the parties have agreed to settle their disputes, wherein it was interalia settled between the parties that the petitioner No. 1 shall pay sum of Rs.14 Lakhs by way of demand draft/RTGS/NEFT in favour of the respondent No.2 towards full and final settlement of all her claims, in three instalments of Rs.4 lakhs, Rs.4 lakhs and Rs.6 lakhs. It is submitted that the entire settlement amount has been received by the complainant. respondent No. 2 under Section 12 of the Protection of Women from Domestic Violence Act, 2005, the matter was referred to mediation where the parties have agreed to settle their disputes, wherein it was interalia settled between the parties that the petitioner No. 1 shall pay sum of Rs.14 Lakhs by way of demand draft/RTGS/NEFT in favour of the respondent No.2 towards full and final settlement of all her claims, in three instalments of Rs.4 lakhs, Rs.4 lakhs and Rs.6 lakhs. It is submitted that the entire settlement amount has been received by the complainant.
4.Pursuant to the said settlement, the decree of divorce has already been
passed by the learned Family Court. It is further submitted that the parties have already exchanged the articles/items to each other mentioned in the Mediation Settlement/Agreement dated 18.12.2024.
5.In view of the Settlement Deed dated 18.12.2024, the present petition has been filed.
6.The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. been identified by their counsel and Investigating Officer concerned.
7.The parties have submitted that all the disputes have been amicably settled vide Settlement dated 18.12.2024 and thus, no fruitful purpose will be served in continuing with the FIR. settled vide Settlement dated 18.12.2024 and thus, no fruitful purpose will be served in continuing with the FIR.
8.The present petition has been signed by all the petitioners and is
supported by their respective affidavits. The parties have reaffirmed the terms of the settlement arrived at and they also submit that the said Settlement has been arrived at between the parties without any pressure and coercion. Today, the complainant/respondent No. 2/wife, who is present in Court, states that she has received all amounts due to her and has no objection if the FIR is quashed.
9.In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is family matter, no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. their differences out of their own free will and without any coercion and also the fact that the present matter is family matter, no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.
10.Moreover, there is no legal impediment in quashing the FIR in question. question.
11.Accordingly, FIR No. 292/2022, registered under Sections 406/498A/34 of the Indian Penal Code, 1860 at Police Station Farsh Bazar and all consequential proceedings emanating therefrom are quashed. 406/498A/34 of the Indian Penal Code, 1860 at Police Station Farsh Bazar and all consequential proceedings emanating therefrom are quashed.
12.The petition stands disposed of.
MAY 7, 2025 NA
NEENA BANSAL KRISHNA, J