Delhi High Court - Orders
Shyam Sunder And Anr vs The State Govt Of Nct Of Delhi And Anr on 26 September, 2023
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~59
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 7003/2023
SHYAM SUNDER AND ANR ..... Petitioners
Through: Mr. Santosh Singh, Advocate
versus
THE STATE GOVT OF NCT OF DELHI AND ANR
..... Respondents
Through: Mr. Satish Kumar, APP for State with
SI Bijender Singh, PS Hauz Qazi
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 26.09.2023 CRL.M.A. 26163/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CRL.M.C. 7003/20233. 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. 0189/2018, registered at Police Station Hauz Qazi, Delhi for the offences punishable under Sections 498A/406/34 of Indian Penal Code, 1860 ('IPC') and all consequential proceedings emanating therefrom.
4. Issue notice. Mr. Satish Kumar, learned APP accepts notice on behalf of the State.
5. 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 29/09/2023 at 21:16:30 their counsel Mr. Santosh Singh and Investigating Officer (IO) SI Bijender Singh from Police Station Hauz Qazi, Delhi.
6. Brief facts of the present case are that petitioner no. 1 and respondent no. 2 got married on 14.07.2013 according to Hindu rites and ceremonies at Delhi. One child namely Lokesh was born out of the said wedlock. It is stated that due to some misunderstanding and temperamental differences, both the parties started residing separately since February 2017. It is stated that on the complaint of respondent no. 2, an FIR bearing no. 0189/2018registered at Police Station Hauz Qazi, 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 Counselling Cell, Rohini Courts, Delhi vide Settlement Agreement dated 06.04.2022 and had dissolved their marriage.
7. 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 Counselling Cell, Rohini Courts, Delhi vide Settlement Agreement dated 06.04.2022 and learned counsel for the petitioners submitted that the fresh Settlement Deed dated 06.04.2022, signed by all the parties and affidavits 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
8. It is submitted that respondent no. 2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift 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 29/09/2023 at 21:16:30 items and claims of past, present and future maintenance and permanent alimony with petitioner no.1 and other family members.
9. As per settlement, petitioner no. 1 had paid a sum of Rs. 7,25,000/- to respondent no. 2 in three instalments in the following manner:
a. First installment of Rs.2,25,000/- paid to respondent no. 2 vide DD no/ 704409 dated11.05.2022.
b. Second installment of Rs.2,00,000/- paid to respondent no. 2 at the time of recording of statements in Second motion. c. Third/Final instalment of Rs. 3,00,000/- to be paid at the time of quashing of the FIR before the Hon'ble High Court at New Delhi.
10. Today, the complainant who is present in Court states that she has received the last and final instalment of Rs. 3 Lakh vide DD no. 450761 dated 25.09.2023 and has no objection if the FIR is quashed.
11. 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.
12. Accordingly FIR bearing no. 0189/2018, registered at Police Station Hauz Qazi, Delhi for the offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.
13. The present petition stands disposed of.
14. The order be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J SEPTEMBER 26, 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 29/09/2023 at 21:16:31