Delhi High Court - Orders
Amit Bindal & Ors vs State Of Gnctd Through Sho P.S Bindapur & ... on 17 February, 2023
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 474/2023
AMIT BINDAL & ORS. ..... Petitioners
Through: Mr. Sagar Mehlawat, Advocate (via
video-conferencing)
versus
STATE OF GNCTD THROUGH SHO P.S BINDAPUR & ANR.
..... Respondents
Through: Mr. Anand V. Khatri, ASC (Crl) for
the State with SI Rajendra Kr., P.S.:
Binda Pur.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 17.02.2023 Crl. M.A. No. 4433/2023 (exemption) Exemption allowed, subject to just exceptions. Application stands disposed of.
W.P.(CRL) 474/2023 By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973, the petitioners, who are the former husband and in-laws of the complainant/respondent No. 2, seek quashing of case FIR No. 1216/2020 dated 21.12.2020 registered under section 498A of the Indian Penal Code 1860 ('IPC') at P.S.:
Binda Pur.
2. The petition is premised on Settlement Deed dated 09.05.2022 arrived Signature Not Verified Digitally Signed By:NEERAJ Signing Date:21.02.2023 W.P.(CRL) 474/2023 Page 1 of 3 15:44:52 at through mediation before the Counselling Cell, Family Courts, Dwarka Courts, Delhi; and Divorce Decree dated 02.12.2022, which is the culmination of petitions under sections 13B(1) and 13B(2) of the Hindu Marriage Act 1955, whereby the parties had sought dissolution of their marriage by mutual consent.
3. The petition is supported by affidavits of all the petitioners, as also of respondent No. 2, alongwith proofs of their I.Ds.
4. The petitioners and respondent No. 2 are present in-person. Their credentials have been verified and they have also been identified by their respective counsel.
5. The parties have confirmed that no child was born from the wed-lock.
6. No appeal is stated to have been filed from the divorce decree.
7. The court has queried Ms. Aayushi Bindal/respondent No. 2, who confirms that she has taken divorce by mutual consent; and that a settlement deed has been entered into between the parties; and that in full-and-final settlement of all her claims including towards maintenance (present, past and future), stridhan, dowry articles, jewellery, permanent alimony, etc., she was to receive a sum of Rs.5,00,000/-from petitioner No. 1; out of which Rs. 4,00,000/- was paid earlier and Rs.1,00,000/- has been paid in court today, in compliance of the terms of the settlement deed. Respondent No. 2 confirms that all aspects of the settlement have now been performed.
8. Mr. Anand V. Khatri, learned ASC confirms that the State has no objection to the subject FIR being quashed.
9. In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) Signature Not Verified Digitally Signed By:NEERAJ Signing Date:21.02.2023 W.P.(CRL) 474/2023 Page 2 of 3 15:44:52 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr., reported as (2014) 6 SCC 466 this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties.
10. Accordingly, FIR No. 1216/2020 dated 21.12.2020 registered at P.S.:
Binda Pur is quashed. All proceedings arising therefrom also stand closed.
11. Petition stands disposed of.
12. Pending applications, if any, also stand disposed of.
ANUP JAIRAM BHAMBHANI, J FEBRUARY 17, 2023/ak Signature Not Verified Digitally Signed By:NEERAJ Signing Date:21.02.2023 W.P.(CRL) 474/2023 Page 3 of 3 15:44:52