Delhi High Court - Orders
Tarun Khanna & Ors vs State Of Nct Of Delhi & Anr on 6 January, 2023
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~17 & 18 (common order)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2201/2021
TARUN KHANNA & ORS.
..... Petitioner
Through: Mr.Lakshay Kumar, Mr.Manmohan
Kr.Jha, Mr.R.D.Singh, Advocates.
versus
STATE OF NCT OF DELHI & ANR.
..... Respondent
Through: Mr.Harpreet Singh Popli, APP for the
State with SI Nasib Singh, PS Hari
Nagar.
Mr.Vineet Aggarwal, Mr.Ajay
Chawla, Mr.Kunal Chauhan, Mr.Jatin
Kumar, Advocates for R2.
+ CRL.M.C. 3149/2021
SUNIL KHANNA & ANR.
..... Petitioner
Through: Mr.Lakshay Kumar, Mr.Manmohan
Kr.Jha, Mr.R.D.Singh, Advocates.
versus
STATE OF NCT OF DELHI & ANR.
..... Respondent
Through: Mr.Harpreet Singh Popli, APP for the
State with SI Nasib Singh, PS Hari
Nagar.
Mr.Vineet Aggarwal, Mr.Ajay
Chawla, Mr.Kunal Chauhan, Mr.Jatin
Kumar, Advocates for R2.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 06.01.2023 CRL.M.A. 27612/2022 in CRL.M.C. 2201/2021 and CRL.M.A. 27613/2022 in CRL.M.C. 3149/2021
1. These applications are filed for preponment of the present petitions Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:07.01.2023 15:19 which are listed for 17.01.2023. For the reasons mentioned in the application(s), early hearing of present petitions is allowed.
2. The applications stand disposed of.
3. The dated given i.e., 17.01.2023 stands cancelled. CRL.M.C. 2201/2021 & CRL.M.C. 3149/2021
4. These petitions are filed for quashing of FIR No.43/2021 under Sections 498A/406/34 IPC registered at PS Hari Nagar, Delhi and the proceedings emanating therefrom. Initially these petitions were filed for quashing on ground of merits but now it is submitted the matter has been settled between the parties.
5. The petitioner no.1-Mr.Tarun Khanna in CRL.M.C.2201/2021 is the husband of respondent no.2 and the other petitioners are relatives of Mr.Tarun Khanna.
6. It is submitted Mr.Tarun Khanna and respondent no.2 got married on 11.10.2018 at New Delhi in accordance with Hindu rites and ceremonies. No child was born from the wedlock. After marriage the respondent no.2 was taken to Canada. Thereafter since 19.05.2020, because of temperamental differences both the husband and wife started living separately. A complaint was filed by the respondent no.2 through her mother at Delhi which culminated into present FIR against the petitioners herein. A divorce petition was also filed by Mr.Tarun Khanna against respondent no.2 at Canada.
7. However, with the efforts of respected family members and relatives the matter is amicably resolved between the parties in the manner as stated in Compromise cum Settlement Deed dated 17.11.2022 wherein the respondent no.2 was to get an amount of 15,000 (Canadian Dollar) towards Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:07.01.2023 15:19 all her claims including maintenance (present, past and future), permanent alimony, stridhan etc. as stated in para 2 of said compromise deed.
8. It is stated by the learned counsel for the petitioner the divorce has since been granted to the parties after execution of said compromise deed and an amount of 15,000 Canadian Dollar has since been transferred to respondent no.2.
9. The mother of respondent no.2 is present in the Court along with counsel for respondent no.2 and on instruction she submits she has no objection in case the FIR is quashed. The learned counsel for the respondent no.2 also confirms the same. The affidavits of parties are on record. The learned APP for the State also has no objection in case the petition is allowed. The parties shall abide by the terms and conditions set forth in the compromise cum settlement deed dated 17.11.2022.
10. In view of the above, there is no impediment in quashing the present FIR as the matter is settled between the parties and the respondent no.2 has received the entire settled amount and there are no chances of conviction of petitioners.
11. Accordingly the petitions are allowed. Consequently, the FIR No.43/2021 under Sections 498A/406/34 IPC registered at PS Hari Nagar, Delhi and the proceedings emanating therefrom stands quashed. Pending application(s), if any, also stands disposed of. Order dasti.
YOGESH KHANNA, J.
JANUARY 06, 2023 DU Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:07.01.2023 15:19