Delhi High Court - Orders
Rajkumar V.K vs State Of Nct Of Delhi & Anr on 11 October, 2023
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~57 & 58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2967/2023
RAJKUMAR V.K. ..... Petitioner
Through: Mr. Atul Agarwal, with petitioner in
person through V.C.
versus
STATE OF NCT OF DELHI & ANR. ..... Respondents
Through: Ms. Rupali Bandhopadhya, ASC for
Mr. Sanjay Lao, SC with SI R.P.
Meena, PS V. K. South
Respondent No.2 in person
+ W.P.(CRL) 2975/2023
PRIYA RAJKUMAR ..... Petitioner
Through: Mr. Atul Agarwal, Advocate with
petitioner in person
versus
STATE DELHI POLICE ..... Respondent
Through: Ms. Rupali Bandhopadhya, ASC for
Mr. Sanjay Lao, SC with SI R.P.
Meena, PS V. K. South
Respondent No.2 through V.C.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 11.10.2023 [The proceeding has been conducted through Hybrid mode] CRL.M.A. 27668/2023 (Exemption) in W.P.(CRL) 2967/2023 CRL.M.A. 27730/2023 (Exemption) in W.P.(CRL) 2975/2023
1. Exemption allowed subject to just exceptions.
2. The applications stand disposed of.
W.P.(CRL) 2967/2023 & W.P.(CRL) 2975/2023 W.P.(CRL) 2967/2023 & connected matter 1 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 17/10/2023 at 13:34:33
3. This petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") has been filed by the petitioners seeking issuance of a writ of mandamus or any other appropriate writ seeking quashing of FIR No. 532/2021 dated 09.10.2021 under Sections 498A/406/323 of Indian Penal Code, 1860 (for short "IPC") registered at Police Station Vasant Kunj, District South West and FIR bearing No.65/2023 dated 19.02.2023 under Sections 323/351/506 of Indian Penal Code, 1860 (for short "IPC") registered at Police Station Tigri and all consequential proceedings emanating therefrom on the basis of settlement.
4. Learned counsel appearing for the petitioner submits that the parties have been able to resolve their disputes and the terms of the settlement has been reduced into writing under the aegis of Delhi Mediation Centre, Patiala House Courts, New Delhi vide the report dated 23.02.2023.
5. According to the terms of settlement, the petitioner namely Rajkumar V.K. is to pay a sum of Rs.15,00,000/- to respondent No.2 in various installments. Learned counsel appearing for the petitioner submits that the petitioner has already remitted a sum of Rs.12,50,000/- in account of respondent No.2.
6. Ms. Rupali Bandhopadhya, learned ASC appears on behalf of Mr. Sanjay Lao, standing counsel for State and submits on instructions that respondent No.2 indeed received a sum of Rs.12,50,000/- in the interregnum. The balance amount of Rs.2,50,000/- is being paid today in Court vide DD No. 539509 dated W.P.(CRL) 2967/2023 & connected matter 2 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 17/10/2023 at 13:34:33 30.08.2023 drawn on State Bank of India which has been handed over to respondent No.2 today in Court. Respondent No.2 confirms the same.
7. In accordance with the terms of settlement, the parties have dissolved their marriage by way of divorce under Section 13-B of HMA, 1955. Though the orders passed under Section 13B(1) and 13 B(2) of the HMA, 1955 has been placed on record, however, the decree is yet to be placed on record. However, learned counsel appearing for the petitioner seeks some to place the certified copy of the decree on record.
8. Priya Rajkumar, the respondent No.2 in W.P.(CRL) 2967/2023 Mr. Rajkumar V.K., who is the respondent No.2 in W.P.(CRL) 2975/2023 submit that there are no more disputes pending between the parties that they have no objection in case the FIRs lodged by the respective parties are quashed.
9. Learned counsel appearing for the petitioner may place on record certified copy of decree of divorce within four weeks from today against a proper index.
10. This Court has perused the terms of settlement agreement and they appear to be lawful. The parties are bound by the terms of the settlement.
11. After observing that the disputes are arising from matrimonial ties, this Court is of the considered opinion that no purpose would be served in continuing with the FIR in question and the further criminal proceedings and it would be in the interest of justice as also of the parties and the society that quietus is put to such disputes.
W.P.(CRL) 2967/2023 & connected matter 3This 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 17/10/2023 at 13:34:33
12. In view of the above, FIR No. 532/2021 under Sections 498A/406/323 IPC registered at Police Station Vasant Kunj FIR No. 65/2023 under Sections 323/351/506 IPC registered at Police Station Tigri and all consequential proceedings emanating therefrom are hereby quashed.
13. The petitions stands disposed of.
14. List before the learned Registrar for compliance on 29.11.2023.
TUSHAR RAO GEDELA, J OCTOBER 11, 2023/ms W.P.(CRL) 2967/2023 & connected matter 4 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 17/10/2023 at 13:34:34