CRL.M.C./9829/2024 of NAVEEN GROVER & ORS. Vs THE STATE (NCT OF DELHI) & ANR.

*INTHEHIGHCOURTOFDELHIATNEWDELHI+CRL.M.C. 9829/2024NAVEEN GROVER & ORS......PetitionersThrough:Mr.SunderLalSharma,Mr.Yashwant Sharma and Ms. SunitaRana, Advs.

versus

THE STATE (NCT OF DELHI) & ANR......RespondentsThrough:Ms. Kiran Bairwa, APP for State withSI Rajesh Kumar Koli, PS. NihalVihar.Mr. Vinu Balguher, Adv. for R-2.

CORAM:HON'BLE MR. JUSTICE VIKAS MAHAJANO R R%28.01.2025

CRL.M.A. 37686/2024 (exemption)

1.Allowed, subject to all just exceptions.

2.Application stands disposed of.

CRL.M.C. 9829/2024

3.The present petition has been filed under Section 528 BNSS, 2023seeking quashing of FIR No.39/2016 under Sections 498A/406/34 IPCregistered at Police Station Nihal Vihar and all consequential proceedingsemanating therefrom on the ground that the parties have arrived at asettlement.

4.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.

5.The petitioner no.1 (former husband) and the petitioner nos. 2 to 6, who

are close relatives of petitioner no.1, as well as, the respondent no. 2 (formerwife), who are present in Court and they have been identified by theirrespective counsel, as well as, by the Investigating Officer SI Rajesh KumarKoli, PS. Nihal Vihar.

6.The brief facts of the case are that the marriage between the petitionerno.1 and respondent no. 2 was solemnized on 13.04.2014 according to HinduRites and Customs. Out of the said wedlock, one girl child namely Ridhimawas born on 30.02.2015 who is presently in the care and custody of therespondent no.2.

7.On account of temperamental issues certain disputes arose between theparties and they started living separately w.e.f. 15.10.2015.The disputebetween the parties also led to the registration of present FIR.

8.During the pendency of the proceedings, the parties have referred toDelhi Mediation Centre, Tis Hazari Courts, Delhi, where they arrived at asettlement, terms whereof were reduced in writing in the form of Settlementdated 15.09.2023, which is annexed as Annexure P-3 to the present petition.

9.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 16.05.2024, which is annexed as Annexure P-5 to the presentpetition.

10.It is term of the settlement between the parties that the petitioner no.1shall pay total sum of Rs.10.75 lacs to the respondent no.2 towards full andfinal settlement of all her claims on account of streedhan, permanent alimony,dowry articles, maintenance (past, present and future) etc. Out of the saidamount, sum of Rs. 7 lacs has already been paid by the petitioner no.1 to the

respondent no.2 in the manner as mentioned in the settlement.Theremaining amount of Rs. 3.75 lacs has been paid to the respondent no.2 todayin the Court by the petitioner no.1 by way of Managers’ Cheque bearingNos.032261 dated 22.01.2025 and 032173 dated 13.12.2024 issued by HDFCBank.

11.The receipt of entire amount of Rs.10.75 lacs is acknowledged by therespondent no.2, who is present in court.

12.The respondent no.2, on query posed 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, no usefulpurpose will be served in continuing the proceedings, rather the same wouldcreate further acrimony between them.

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

15.Consequently, the petition is allowed and the FIR No.39/2016 underSections 498A/406/34 IPC registered at Police Station Nihal Vihar alongwithall 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 28, 2025/dss

VIKAS MAHAJAN, J