Delhi High Court - Orders
Ritendra & Ors vs The State(Nct Of Delhi) & Anr on 21 September, 2023
Author: Sudhir Kumar Jain
Bench: Sudhir Kumar Jain
$~62
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 6850/2023 & CRL.M.A. 25614/2023
RITENDRA & ORS. ..... Petitioners
Through: Ms. Vaishali Gautam and Mr. Vivek
Gautam, Advocates.
Petitioners in person.
versus
THE STATE(NCT OF DELHI) & ANR. ..... Respondents
Through: Mr. Yudhvir Singh Chauhan, APP for
the State with SI Rahul, P.S.
Seelampur, SI Bijender Singh, P.S.
Hauz Qazi and ASI Sushil Kumar,
P.S. Tilak Nagar.
Mr. P.C. Jha and Mr. Aman Jha,
Advocates for R-2 with the R-2 in
person.
CORAM:
HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 21.09.2023
1. The present petition is filed under section 482 Cr.P.C. for quashing proceedings arising out of FIR bearing no. 0167/2019 dated 19.11.2019 registered under sections 498A/406/34 IPC at P.S. Hauz Qazi along with consequential proceedings.
2. Issue notice.
3. Mr. Yudhvir Singh Chauhan, Additional Public Prosecutor assisted by Investigating Officer SI Bijender Singh, P.S. Hauz Qazi accepts notice on behalf of the respondent no. 1/State. The respondent no. 2 who is present in person along with the counsel, accepts notice.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/09/2023 at 22:04:58
4. The petitioner no. 1 and the respondent no. 2 got married on 12.12.2018 according to Hindu rites and ceremonies and no child was born out of their marriage. The petitioner no. 1 and the respondent no. 2 due to matrimonial differences, started to live separately from 25.02.2019 without any cohabitation.
5. The respondent no. 2 due to matrimonial differences filed petitions under section 12 of the Domestic Violence Act, 2005 bearing no. 8786/2022 titled as State V Ritendra & Ors. which was stated to be pending in the court of Ms. Neha Kheria, MM (Mahila Court), Central, Tis Hazari Courts, Delhi and petitions under section 125 Cr.P.C. titled as Medha V Ritendra & Ors. which was stated to be pending in the court of Sh. Murari Prasad, Principal Judge, Family Court, Central, Tis Hazari Courts, Delhi. The petitioner no. 1 also filed a petition under section 12(1)(a) HMA for declaring the marriage null and void titled as Ritendra V Medha which was stated to be pending in the court of Sh. Praveen Kumar, Principal Judge, Family Courts, Dwarka. The petitioner no. 3 also filed a petition under section 12 of the Protection of Women from Domestic Violence Act titled Basanti Devi V Medha which was stated to be pending in the court of Ms. Shurbhi, MM, Dwarka Courts, Delhi. The respondent no. 2 also filed an execution petition no. 22/2022 which was stated to be pending before the court of Sh. Praveen Kumar, Principal Judge, Family Courts, Dwarka. The counsel for the petitioners and the respondent no. 2 stated that these petitions/suits have already been withdrawn by the concerned parties.
6. The respondent no. 2 also got registered FIR bearing no. 0167/2019 dated 19.11.2019 registered under sections 498A/406/34 IPC at P.S. Hauz Qazi. After completion of investigation, the charge-sheet was filed wherein This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/09/2023 at 22:04:58 the petitioners were implicated and the trial is stated to be pending in the court of Ms. Neha Kheria, MM (Mahila Court), Central, Tis Hazari Courts, Delhi/Successor Court. The petitioners no. 2 to 4 are the family members/relatives of the petitioner no. 1. The petitioners and the respondent no. 2 are identified by the Investigating Officer SI Bijender Singh, P.S. Hauz Qazi, as well as by their respective counsel.
7. The trial arising out of FIR bearing no. 0167/2019 was referred to Delhi Mediation Centre, Tis Hazari Courts, wherein vide settlement dated 04.11.2022 whereby they have agreed to dissolve their marriage by way of decree of divorce by mutual consent as per section 13(B) of the Hindu Marriage Act, 1955. The petitioner no. 1 has also agreed to pay Rs. 12,00,000/- (Rupees Twelve Lakh Only) to the respondent no. 2 towards full and final satisfaction of her claims/legal entitlements (past, present and future) arising out of marriage between the petitioner no. 1 and the respondent no. 2 including permanent alimony/maintenance/istridhan, etc. and miscellaneous legal expenses. The petitioner no. 1 has already paid Rs.10,00,000/- to the respondent no. 2, which is acknowledged by the respondent no. 2. The petitioner no. 1 delivered two demand drafts bearing no. 751826 and 751859 dated 10.07.2023 and 06.09.2023 respectively drawn on Punjab National Bank each amounting to Rs.1,00,000/- towards the payment of balance settled amount to the respondent no.2, which is accepted by the respondent no.2.
8. The marriage between the petitioner no. 1 and the respondent no. 2 has already been dissolved by way of decree of divorce by mutual consent as per section 13B (2) of Hindu Marriage Act, 1955 in petition bearing HMA no. 489/2023 titled as Ritendra V Medha vide judgment dated 22.02.2023 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/09/2023 at 22:04:59 passed by the court of Ms. Madhu Jain, Principal Judge, Family Court, South West District, Dwarka Courts, Delhi.
9. The respective counsel for the petitioners and the respondent no. 2 stated that the petitioner no. 1 and the respondent no. 2 have settled their disputes vide Settlement Deed dated 04.11.2022, the terms and conditions of which have already been executed. The marriage between the petitioner no.1 and the respondent no. 2 has already been dissolved as such, the present petition be allowed and FIR bearing no. 0167/2019 be quashed along with the consequential judicial proceedings.
10. The respondent no. 2 stated that she has settled the disputes with the petitioners out of her own free will and without any fear, force and coercion and her marriage with petitioner no. 1 has already been dissolved as such, she does not have any objection if the present petition is allowed and FIR bearing no. 0167/2019 is quashed along with consequential judicial proceedings.
11. The Additional Public Prosecutor stated that the petitioners and the respondent no. 2 have settled their disputes and the marriage between the petitioner no. 1 and the respondent no. 2 has already been dissolved as such, he does not have any objection if the present petition is allowed and FIR bearing no. 0167/2019 is quashed along with consequential judicial proceedings.
12. The petitioner no. 1 and the respondent no. 2 got married on 12.12.2018 and they are living separately from 25.02.2019 without any cohabitation. The petitioners and the respondent no. 2 have already settled the pending disputes vide Settlement Deed dated 04.11.2022, the terms and conditions of which have already been executed. The marriage between the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/09/2023 at 22:04:59 petitioner no.1 and the respondent no. 2 has already been dissolved as mentioned hereinabove. No useful purpose shall be served if the proceedings arising out of FIR bearing no. 0167/2019 are allowed to be continued.
13. After considering all facts and in the interest of parties, the present petition is allowed and FIR bearing no. 0167/2019 dated 19.11.2019 registered under sections 498A/406/34 IPC is quashed along with consequential proceedings including judicial proceedings stated to be pending in the court of Ms. Neha Kheria, MM (Mahila Court), Central, Tis Hazari Courts, Delhi/Successor Court.
14. The present petition along with pending applications, if any, stands disposed of.
DR. SUDHIR KUMAR JAIN, J SEPTEMBER 21, 2023 sk/ak This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/09/2023 at 22:04:59