CIVIL APPEAL 6844/2024

IN THE HIGH COURT OF DELHI AT NEW DELHI+CRL.M.C. 6844/2024

RAKESH VERMA.....PetitionerThrough:Mr. Rahul Yadav, Ms. MeenakshiYadavandMr.HemantSharma,Advs.Through:Mr. Rahul Yadav, Ms. MeenakshiYadavandMr.HemantSharma,Advs.

versus

STATE OF DELHI & ANR......Respondents

Through:Mr. Digam Singh Dagar, APP forState with SI Bharat Singh, PS. UttamNagar.Ms. Bhumika Gaba and Mr. VarunLohchab, Advs. for R-2 along with R-2 in person.State with SI Bharat Singh, PS. UttamNagar.Ms. Bhumika Gaba and Mr. VarunLohchab, Advs. for R-2 along with R-2 in person.

CORAM:HON'BLE MR. JUSTICE VIKAS MAHAJANO R R%10.01.2025

CRL.M.A. 26166/2024 (exemption)

1.Allowed, subject to all just exceptions.

2.Application stands disposed of.

CRL.M.C. 6844/2024

3.The present petition has been filed under Section 482 CrPC seekingquashing of FIR No.171/2023 under Sections 498A/406/34 IPC registered atPolice Station Uttam Nagar and all consequential proceedings emanatingtherefrom on the ground that the parties have arrived at settlement.

4.Notice was issued in the present petition on 02.09.2024.

5.The learned APP submits that since the FIR is an outcome of

matrimonial dispute and the parties have arrived at settlement, the Statehas no objection in case the FIR in question is quashed.

6.The petitioner no.1 (former husband), as well as, respondent no. 2(former wife), who is present in court, have been identified by theirrespective counsel, as well as, by the Investigating Officer SI Bharat Singh,PS. Uttam Nagar.

7.The brief facts of the case are that the marriage between the petitionerno.1 and respondent no. 2 was solemnized on 21.12.2008 according toHindu Rites and Customs. Out of the said wedlock, one male child namelyMaster Honey was born, who is presently in the care and custody of therespondent no.2.

8.On account of temperamental issues certain disputes arose betweenthe parties and they started living separately w.e.f. August 2012. The disputebetween the parties also led to the registration of present FIR.

9.During pendency of the proceedings, the parties were referred toDelhi Mediation Centre, Tis Hazari Courts, where they arrived at asettlement, terms whereof were reduced in writing in the form of Settlementdated 28.03.2017, which is annexed as Annexure P-2 to the present petition.10.In terms of the said settlement, the parties decided to dissolve theirmarriage by filing petition for divorce by way of mutual consent.Accordingly, the petitioner no.1 and respondent no.2 have obtained decreeof divorce dated 16.05.2018, which is annexed as Annexure P-3 to thepresent petition.

11.It is term of the settlement between the parties that the petitionerno.1 shall pay total sum of Rs.4.10 lacs to the respondent no.2 towards fulland final settlement of all her claims on account of streedhan, permanent

alimony, dowry articles, maintenance (past, present and future) etc. in themanner as mentioned in the settlement. The entire amount of Rs. 4.10 lacshas already been paid to the respondent no.2 by the petitioner no.1, thereceipt of which is acknowledged by the respondent no.2, who is present inCourt.

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

13.In view of the fact that the parties have arrived at settlement, nouseful purpose will be served in continuing the proceedings, rather the samewould create further acrimony between them.

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

15.Consequently, the petition is allowed and the of FIR No.171/2023under Sections 498A/406/34 IPC registered at Police Station Uttam Nagaralongwith 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.

JANUARY 10, 2025/dss

VIKAS MAHAJAN, J