Rakesh Nautiyal And Ors vs State (Nct Of Delhi ) And Ors on 22 March, 2022

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Delhi High Court - Orders

Rakesh Nautiyal And Ors vs State (Nct Of Delhi ) And Ors on 22 March, 2022

Bench: Prateek Jalan

                   $~40
                   *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                   +         CRL.M.C. 1186/2022
                             RAKESH NAUTIYAL AND ORS.                    ..... Petitioners
                                          Through: Mr. Sourabh Leekha, Advocate
                                                     alongwith P-1 in Person.
                                                 versus
                       STATE (NCT OF DELHI ) AND ORS.             ..... Respondents
                                      Through: Ms. Meenakshi Dahiya, APP for
                                               the State with SI Anjali Rathi, PS-
                                               Harsh Vihar.
                                               Mr. Rashid Hashmi, Advocate for
                                               R-2 alongwith R-2 in Person.
                   CORAM:
                   HON'BLE MR. JUSTICE PRATEEK JALAN
                                ORDER

% 22.03.2022 The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing].

CRL.M.A. 5162/2022(exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

CRL.M.C. 1186/2022

1. This petition under Section 482 of the Code of Criminal Procedure, 1973, has been filed for quashing of FIR No. 94/2008 registered at PS- Dilshad Garden, Delhi, under Sections 498A, 406 and 34 of the Indian Penal Code, 1860, read with Sections 3 and 4 of the Dowry Prohibition Act, 1961.

2. The petitioner No. 1 and the respondent No. 2 were married on 18.11.2005, and lived together until 16.09.2007. In the meanwhile, a male child was born on of the wedlock on 21.08.2006.

Signature Not Verified 3.

Digitally signed By:SHITU The parties have since been granted a decree of divorce on NAGPAL Signing Date:23.03.2022 12:59:54 CRL.M.C. 1186/2022 Page 1 of 3 01.10.2016, by the learned Principal Judge, Family Courts, District Central, Tees Hazari Courts, Delhi. Thereafter, the petitioner No.1 and the respondent No. 2 have entered into a settlement agreement on 04.12.2019 before the Delhi Mediation Centre, Karkardooma Courts, Delhi.

4. Although, a total of six persons were named in the aforementioned FIR as accused, charges have since been framed by the Trial Court vide an order dated 16.02.2013 only against the three petitioners herein.

5. In the settlement agreement, the petitioner no. 1 and the respondent no. 2 have agreed that the appeal filed by the respondent No. 2 [MAT APP (FC) 191/2016] against the decree of divorce will be withdrawn, and that the respondent No. 2 would also consent to quashing of the criminal proceedings against the petitioners. It may be noted that on 22.12.2020, the respondent No. 2 has already withdrawn the aforementioned appeal which was pending before this Court.

6. Although, the settlement agreement records that the respondent no. 2 does not want anything from the petitioner no. 1 for herself, or for her minor son, who is in her custody, the parties, who are present before me, seek a further reference to mediation in order to make some arrangements for the father [i.e. the petitioner No.1] to contribute towards the maintenance, upbringing and education of the minor child.

7. The petitioner No. 1 and the respondent No.2 are, therefore, referred to Samadhan, Delhi High Court Mediation and Conciliation Centre ["the Centre"] to enable a resolution of the disputes to this limited extend.

8. The parties will appear before the Mediator appointed by the Centre on 29.03.2022, and the Mediator is requested to furnish a report to Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:23.03.2022 12:59:54 CRL.M.C. 1186/2022 Page 2 of 3 the Court before the next date of hearing.

9. List on 12.05.2022.

PRATEEK JALAN, J MARCH 22, 2022/'pv'/ Click here to check corrigendum, if any Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:23.03.2022 12:59:54 CRL.M.C. 1186/2022 Page 3 of 3

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Delhi High Court - Orders