CIVIL APPEAL 9237/2024

$~78*INTHEHIGHCOURTOFDELHIATNEWDELHI+CRL.M.C. 9237/2024AMIT KUMAR SHARMA & ORS......PetitionersThrough:Mr. Amit Gautam, Adv.

versus

STATE OF NCT OF DELHI AND ORS......RespondentsThrough:Mr. Utkarsh, APP for State with SIShaily Jain, PS. Dayalpur.Mr. Mohd. Javed, Adv. for R-2.

CORAM:HON'BLE MR. JUSTICE VIKAS MAHAJANO R R19.02.2025

1.The present petition has been filed under Section 528 BNSS, 2023seeking quashing of FIR No.665/2023 under Sections 498A/406/506/34 IPCregistered at Police Station Dayalpur and all consequential proceedingsemanating therefrom on the ground that the parties have arrived at asettlement.

2.Issue notice. The learned APP for the State accepts notice. He submitsthat since the FIR is an outcome of matrimonial dispute and the parties havearrived at settlement, the State has no objection in case the FIR in question isquashed.

3.The petitioner no.1 (former husband) and the petitioner nos.2 and 3,who are the parents of petitioner no.1, as well as, respondent nos. 2 (formerwife) and respondent no.3, who are present in Court and they have beenidentified by their respective counsel, as well as, by the Investigating Officer

SI Shaily Jain, PS. Dayalpur.

4.The brief facts of the case are that the marriage between the petitionerno.1 and respondent no. 2 was solemnized on 10.12.2020 according to HinduRites and Customs. Out of the said wedlock, one male child namely, Tejaswas born, who is presently in the care and custody of respondent no.2.

5.On account of temperamental issues certain disputes arose between theparties and they started living separately w.e.f. 14.05.2022. The disputebetween the parties also led to the registration of present FIR.

6.During the pendency of the proceedings, the parties have arrived at asettlement, terms whereof were reduced in writing in the form ofMemorandum of Understanding dated 10.08.2024, which is annexed asAnnexure P-2 to the present petition.

7.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 had filed First MotionPetition and the same was allowed on 28.09.2024, which is annexed asAnnexure P-3 to the present petition.

8.It is term of the settlement between the parties that the petitioner no.1shall pay total sum of Rs.11.50 lacs to the respondent no.2 towards full andfinal settlement of all her claims on account of stridhan, permanent alimony,dowry articles, maintenance (past, present and future) etc. Out of the saidamount, sum of Rs. 4.75 lacs has already been paid by the petitioner no.1 tothe respondent no.2 in the manner as mentioned in the settlement.Anamount of Rs. 2 lacs has been paid to the respondent no.2 today in the Courtby the petitioner no.1 by way of Demand Draft bearing No.009569 dated15.02.2025 issued by Axis Bank, I.P. Extension, Delhi.

9.The receipt of amount of Rs.6.75 lacs is acknowledged by therespondent no.2, who is present in court.

10.The remaining amount of Rs.4.75 lacs will be paid at the time ofrecording the statement in Second Motion Petition.

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

12.In view of the fact that the parties have arrived at settlement, no usefulpurpose will be served in continuing the proceedings, rather the same wouldcreate further acrimony between them.

13.It is, thus, in the interest of justice that the present FIR and all the otherproceedings emanating therefrom be quashed.

14.Consequently, the petition is allowed and the FIR No.665/2023 underSections 498A/406/506/34 IPC registered at Police Station Dayalpuralongwith all other proceedings emanating therefrom, is quashed.

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

16.Order be uploaded on the website of this Court.

FEBRUARY 19, 2025/dss

VIKAS MAHAJAN, J