CRL.M.C./8552/2024 of RAVI & ORS. Vs THE STATE GOVT OF NCT OF DELHI & ANR.

$~21 & 22

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 8552/2024

RAVI & ORS. .....Petitioners Through: Mr. Rajat Sangeliya, Mr. Mohit Aggarwal and Ms. Ruchika Rathore, Advs. along with petitioners. versus

THE STATE GOVT OF NCT OF DELHI & ANR.....Respondents Through: Mr. Aman Usman, APP for State with S.I. Sunder Singh, P.S. Nangloi, Delhi. R-2 in person.

+ CRL.M.C. 8660/2024

RAKESH & ORS. .....Petitioners Through: Mr. Rajat Sangeliya, Mr. Mohit Aggarwal and Ms. Ruchika Rathore, Advs. versus

THE STATE GOVT OF NCT OF DELHI AND ANR....Respondents Through: Mr. Aman Usman, APP for State with S.I. Jatin Kaushik, P.S. Raj Park, Delhi. R-2 in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R R% 31.01.2025

CRL.M.A. 32618/2024 in CRL.M.C. 8552/2024 (exemption)

CRL.M.A. 33093/2024 in CRL.M.C. 8660/2024 (exemption)

1.Allowed, subject to all just exceptions.

2.The applications stand disposed of. CRL.M.C. 8552/2024CRL.M.C. 8660/2024

3.These two petitions have been filed under Section 528 of BNSS, 2023 seeking quashing of following FIRs and all consequential proceedings emanating therefrom on the ground that the parties have arrived at settlement:

(i) FIR No.344/2017 under Sections 498A/406/34 IPC registered at P.S. Nangloi, Delhi at the instance of respondent no.2 in CRL.M.C. 8552/2024. Nangloi, Delhi at the instance of respondent no.2 in CRL.M.C. 8552/2024.

(ii) FIR No.451/2021 under Sections 323/342/354A/354B/506/509/34 IPC registered at P.S. Raj Park, Delhi at the instance of respondent no.2 in CRL.M.C. 8660/2024. IPC registered at P.S. Raj Park, Delhi at the instance of respondent no.2 in CRL.M.C. 8660/2024.

4.Issue notice. The learned APP appearing on behalf of the State accepts notice. Likewise, the respondent no.2, who is present in court, accepts notice. The learned APP 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-Ravi (former husband), as well as, respondent no. 2 (former wife) are present in the Court and they have been identified by the learned counsel for the petitioners, as well as, by the Investigating Officers i.e. S.I. Sunder Singh, P.S. Nangloi, Delhi and S.I. Jatin Kaushik, P.S. Raj Park, Delhi.

6.The brief facts of the case are that the marriage between the petitioner-Ravi and respondent no. 2 was solemnized on 03.03.2014

according to Hindu Rites and Customs.

7.On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 12.06.2021. The dispute between the parties also led to the registration of aforesaid two FIRs at the instance of respondent no.2(former wife).

8.During the pendency of proceedings, the parties were referred to Counselling Cell, Family Court, Tis Hazari Court, Delhi, where they arrived at settlement, terms whereof were reduced in writing in the form of Settlement dated 24.01.2024, which is annexed as Annexure P-3 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-Ravi and respondent no.2 have obtained decree of divorce dated 13.05.2024.

10.It is term of the settlement between the parties that the petitioner no.1 shall pay total sum of Rs.2,40,000/- 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. Out of the said amount, sum of Rs.1,60,000/- has already been paid by the petitioner-Ravi to the respondent no.2 in the manner as mentioned in the settlement. The remaining amount of Rs.80,000/- has been paid to the respondent no.2 today in the court by the petitioner-Ravi by way of Demand Draft bearing No.225286 dated 14.01.2025 issued by Union Bank, Rohini, Sector-3, Delhi.

11.The receipt of entire amount of Rs.2,40,000/- is acknowledged by the respondent no.2, who is present in court.

12.The respondent no.2, on query posed by the Court, states that she has no objection in case the FIRs are 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 FIRs and all the other proceedings emanating therefrom be quashed.

15.Consequently, the petitions are allowed and FIR No.344/2017 under Sections 498A/406/34 IPC registered at P.S. Nangloi, Delhi and FIR No.451/2021 under Sections 323/342/354A/354B/506/509/34 IPC registered at P.S. Raj Park, Delhi alongwith all other proceedings emanating therefrom, are quashed.

16.The petitions stand disposed of in the above terms.

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

JANUARY 31, 2025

VIKAS MAHAJAN, J