Delhi High Court - Orders
Aniroudh Mahalwal & Ors vs State & Anr on 13 December, 2022
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~73
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 6711/2022, CRL.M.A. 26110/2022
ANIROUDH MAHALWAL & ORS. ..... Petitioners
Through: Mr.Rishi Bhardwaj, Advocate with
petitioners.
versus
STATE & ANR ..... Respondents
Through: Mr.Sunil Kumar Gautam, APP the
State with SI Gaurav Kumar, PS
Mehrauli.
Mr.Dikshant Dhankhar, Advocate for
R2 with R2/complainant in person.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 13.12.2022
1. Petitioners file this petition for quashing of the FIR No.608/2018 under Section 406/498A/34 Indian Penal Code registered at police station Mehrauli against them and the proceedings emanating therefrom.
2. The marriage between the petitioner No.1 and complainant/ respondent No.2 was solemnized on 15.02.2015 according to Hindu rites and ceremonies at Delhi. No child is born from this wedlock. However, due to matrimonial discord, the couple could not live together and on the complaint of respondent No.2 aforesaid FIR was registered against the petitioners. The respondent No.2 also filed case under DV Act against the petitioner No.1 and against order passed by the learned Trial Court, the petitioner No.1 also filed an appeal. However, during the pendency of proceedings under DV Act, the couple settled the matter per settlement agreement dated 05.07.2022 before the Mediation Centre, Saket Courts, Delhi. The petitioner No.1 withdrawn the appeal against an order under DV Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:14.12.2022 16:14 Act since respondent No.2 has withdrawn the case under DV Act. The parties have also obtained divorce by mutual consent. Pursuant to settlement, the petitioner No.1 agreed to pay Rs.10.00 Lacs to respondent No.2 towards all her claims of alimony, maintenance - past, present and future, stridhan, and dowry articles etc.
3. Out of said sum, the petitioner No.1 has already paid Rs.7.00 Lacs to respondent No.2 and for the balance amount, the petitioner No.1 has handed over draft No.260036 dated 06.12.2022 drawn on State Bank of India for Rs.3.00 Lacs in favour of respondent No.2, which has been accepted by her.
4. The complainant/respondent No.2 has been duly identified by the Investigating Officer, states the matter has been settled with the petitioners having left with no claim against them and she has no objection if the FIR is quashed. The learned APP for the State has also no objection, if this petition is allowed. The affidavits of parties are on record.
5. Considering the above settlement between the parties, there is no impediment in quashing of the FIR as complainant has settled all the disputes and has received the settled amount from the petitioners. In view of the above, there is no use to continue with the proceedings against petitioners as it would never entail in conviction of petitioners.
6. Accordingly, the petition is allowed. Consequently, FIR No.608/2018 under Section 406/498A/34 Indian Penal Code registered at police station Mehrauli and the proceedings emanating therefrom are quashed. Pending application, if any, also stands disposed of. No order as to costs.
YOGESH KHANNA, J.
DECEMBER 13, 2022 M Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:14.12.2022 16:14