Delhi High Court - Orders
Yogesh Kumar & Ors vs State (Nct Of Delhi) & Anr on 11 October, 2023
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4331/2023
YOGESH KUMAR & ORS. ..... Petitioners
Through: Mr. Gufran Ahmad, Advocate with
petitioners-in-person
versus
STATE (NCT OF DELHI) & ANR. ..... Respondents
Through: Mr. Satish Kumar, APP for State with
SI Neelam, PS Alipur, SI Pradeep PS
NIA
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 11.10.2023
1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C‟) has been filed on behalf of petitioners seeking quashing of FIR bearing no. 505/2016, registered at Police Station Alipur, Delhi for the offences punishable under Sections 498A/406/34 of Indian Penal Code, 1860 („IPC‟) and all consequential proceedings emanating therefrom.
2. Issue notice. Mr. Satish Kumar, learned APP accepts notice on behalf of the State.
3. Petitioners are present before this Court and have been identified by their counsel Mr. Gufran Ahmad and Investigating Officer (IO) SI Neelam from Police Station Alipur, Delhi.
4. Brief facts of the present case are that petitioner no. 1 and respondent 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 15/10/2023 at 11:57:02 no. 2 got married on 12.03.2011 according to Hindu rites and ceremonies at Delhi. One child namely Lakshay was born out of the said wedlock. It is stated that due to some matrimonial and temperamental differences, both the parties had been residing separately for the last seven years. It is stated that on the complaint of respondent no. 2, an FIR bearing no. 505/2016 registered at Police Station Alipur, Delhi, for offences punishable under Sections 498A/406/34 of IPC against the petitioners. During pendency of the case, both the parties had amicably settled their disputes before the Mediation Centre, Rohini Courts, Delhi vide Settlement dated 06.04.2022 and had dissolved their marriage.
5. On a query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent No.2 that the entire dispute has been amicably settled between the parties before Mediation Centre, Rohini Courts, Delhi vide Settlement dated 06.04.2022 and learned counsel for the petitioners submitted that the affidavit showing the protection of interest of minor child as per the judgment titled as Ganesh vs. Sudhirkumar Shrivastava, (2020) 20 SCC 787 passed by the Hon‟ble Supreme Court have been filed and the same are on record.
6. It is submitted that respondent no. 2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with petitioner no.1 and other family members.
7. As per settlement, petitioner no. 1 had paid a sum of Rs. 4,00,000/- to respondent no. 2 in three installments in the following manner:
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 15/10/2023 at 11:57:02 a. First installment of Rs.2,00,000/- paid to respondent no. 2 at the time of recording of statements in First motion.
b. Second installment of Rs.1,00,000/- paid to respondent no. 2 at the time of recording of statements in Second motion. c. Third/Final installment of Rs. 1,00,000/- to be paid at the time of quashing of the FIR within 60 days after passing decree of divorce in second motion.
8. Today, the complainant who is present in Court states that she has received the total amount of Rs. 4,00,000/- and has no objection if the FIR is quashed.
9. In view of the above facts that the parties have amicably resolved their differences out of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the above mentioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.
10. Accordingly FIR bearing no. 505/2016, registered at Police Station Alipur, Delhi for the offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.
11. The present petition stands disposed of.
12. The order be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J OCTOBER 11, 2023/dk Click here to check corrigendum, if any 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 15/10/2023 at 11:57:02