Delhi High Court - Orders
Sh. Gaurav Sharma @Gaurav Kumar And Ors vs State (Govt Of Nct Of Delhi) And Anr on 26 September, 2023
Author: Amit Sharma
Bench: Amit Sharma
$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 6980/2023
SH. GAURAV SHARMA @GAURAV KUMAR AND ORS
..... Petitioners
Through: Mr. Manoj Kumar, Advocate with
petitioners in person.
versus
STATE (GOVT OF NCT OF DELHI) AND ANR. ..... Respondents
Through: Mr. Sanjeev Sabharwal, APP for State
with SI Ankit, P.S. Jyoti Nagar.
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 26.09.2023 CRL.M.A. 26073/2023(Exemption)
1. Exemption allowed, subject to just exceptions.
2. The application is accordingly disposed of.
CRL.M.C. 6980/20233. The present petition filed under Section 482 Cr.P.C. seeks quashing of FIR No. 228/2018, under Sections 498A/406/34 IPC and Sections 3 and 4 of Dowry Prohibition Act, registered at P.S. Jyoti Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Nidhi Bala learned Metropolitan Magistrate, Karkardooma Courts, Delhi.
4. The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 09.05.2016 as per Hindu rites and ceremonies.
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5. No child was born out of the said wedlock.
6. Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties started residing separately from 21.04.2017. Subsequently, respondent no.2/complainant lodged an FIR against petitioner no.1 (husband), petitioner no. 2 (father-in-law), petitioner no. 3 (mother-in- law), petitioner no.4 (brother-in-law) and petitioner no.5 (sister-in-law).
7. On 03.12.2022, parties arrived at a settlement and as per the said settlement deed, petitioner no.1 has agreed to pay an amount of Rs. 2,75,000/- to the respondent no.2/wife towards full and final settlement of all her claims including istridhan, permanent alimony and maintenance - present, past and future. The copy of the aforesaid settlement deed dated 03.12.2022 is on record (Annexure P-2).
8. In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 15.05.2023, passed by Shri Ajay Pandey, Additional Principal Judge, Family Court, Karkardooma Courts, Delhi (Annexure P-3). Further, as per the settlement deed, an amount of Rs. 2,30,000/- has already been paid to respondent no.2 and the remaining amount of Rs. 45,000/- has been paid to her in court today, by means of a demand draft.
9. Petitioners and complainant/respondent no. 2 are present before the Court and have been duly identified by the Investigating Officer, SI Ankit, P.S. Jyoti Nagar.
10. A demand draft bearing no. 455648 dated 25.09.2023 for Rs. 45,000/- drawn on Punjab National Bank, Shyam Nagar, Mandi, Gautam Budh Nagar, has been handed over complainant/Respondent No.2, who acknowledges the receipt of the same.
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 28/09/2023 at 01:48:12
11. The complainant/respondent No.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed. She further states that all the terms of the agreement have been complied with.
12. In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed.
13. In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon'ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-
"61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."
14. In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 228/2018, under Sections 498A/406/34 IPC and Sections 3 and 4 of Dowry Prohibition Act, registered at P.S. Jyoti Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Nidhi Bala learned Metropolitan Magistrate, Karkardooma Courts, Delhi.
15. In the interest of justice, the petition is allowed, and the FIR No. 228/2018, under Sections 498A/406/34 IPC and Sections 3 and 4 of Dowry Prohibition Act, registered at P.S. Jyoti Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before 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 28/09/2023 at 01:48:13 the court of Ms. Nidhi Bala learned Metropolitan Magistrate, Karkardooma Courts, Delhi, is hereby quashed.
16. Petition is allowed and disposed of accordingly. Both the parties shall bound by the terms of Settlement.
17. Pending application(s), if any, also stand disposed of.
AMIT SHARMA, J SEPTEMBER 26, 2023/nk 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 28/09/2023 at 01:48:13