Delhi High Court - Orders
Pawan Khanna & Anr vs Govt Of Nct & Anr on 18 September, 2023
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3123/2023
PAWAN KHANNA & ANR. ..... Petitioners
Through: Mr. Sumit Sarna, Advocate
versus
GOVT OF NCT & ANR. ..... Respondents
Through: Mr. Naresh Kumar Chahar, APP for
the State with SI Amit Beniwal, PS
Vivek Vihar.
Mr. Pradeep Kataria, Advocate for R-
2
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 18.09.2023
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. 179/2016, registered at Police Station Vivek Vihar, 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. Naresh Kumar Chahar, learned APP accepts notice on behalf of the State.
3. Petitioners are present before this Court and have been identified by 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 22/09/2023 at 21:19:05 his counsel Mr. Sumit Sarna, and Investigating Officer (IO) SI Amit Beniwal from Police Station Vivek Vihar, Delhi.
4. Brief facts of the present case are that petitioner no. 1 is the mother- in-law and petitioner no.2 is the sister-in-law (jethani) of respondent no. 2. It is stated that due to differences arose between petitioner no. 1's son and respondent no. 2, the respondent no. 2 had lodged a complaint with women cell and pursuant thereto the present FIR bearing no. 179/2016 was registered at Police Station Vivek Vihar, Delhi for the offences punishable under Sections 498A/406/34 of IPC against the petitioners. It is stated that during the pendency of the present case, petitioner no.1's son had amicably settled all disputes with respondent no. 2 vide settlement-cum-Memorandum of Understanding dated 22.01.2019.
5. On a query made by this Court, the 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, volition and without any coercion, pressure or threat. It is also stated by respondent no. 2 that the entire dispute has been amicably settled between the parties 2 vide settlement-cum- Memorandum of Understanding dated 22.01.2019.
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, petitioners had paid a sum of Rs. 28,00,000/- to respondent no. 2 in three instalments in the following manner:
a. First installment of Rs.7,00,000/- paid to respondent no. 2 at the time of withdrawal of case filed under D.V. Act.
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 22/09/2023 at 21:19:05 b. Second installment of Rs.7,00,000/- to be paid to respondent no. 2 quashing of the FIR before the Hon'ble High Court at New Delhi. c. Third/Final instalment of Rs.14,00,000/- to be paid at the time of grant of divorce.
8. Today, the complainant who is present in Court states that she has already received an amount of Rs. 7,00,000/- towards second instalment, as per settlement and has no objection if the FIR is quashed.
9. It is stated that the matter has been settled and the statement regarding divorce by mutual consent in first motion has already taken place. It is stated that after quashing of the present FIR, the concerned parties will appear before learned Trial Court for the purpose of grant of divorce.
10. 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.
11. Considering the same and the fact that the present matter pertains to matrimonial dispute which has been settled, it will be in fitness of things that the FIR is quashed.
12. Accordingly FIR bearing no. 179/2016, registered at Police Station Vivek Vihar, Delhi for the offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed, subject to petitioner depositing the cost of Rs. 10,000/- with the Delhi High Court Bar Association Lawyers Social Security & Welfare Fund within one week.
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 22/09/2023 at 21:19:06
13. The present petition stands disposed of in above terms.
14. The order be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J SEPTEMBER 18, 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 22/09/2023 at 21:19:06