Delhi High Court - Orders
Anurag Tiwari And Another vs State Of N.C.T. Of Delhi And Another on 31 May, 2023
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3497/2023
ANURAG TIWARI AND ANOTHER ..... Petitioners
Through: Mr. Faiz Imam and Ms. Janki Raman
Jha, Advs. along with petitioners in
person.
versus
STATE OF N.C.T. OF DELHI AND ANOTHER ..... Respondents
Through: Ms. Richa Dhawan, APP for State
with SI Mahesh Chand, PS. Badarpur.
Ms. Ananaya Sachdeva, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 31.05.2023
1. The present petition has been filed under Section 482 Cr.PC seeking quashing of the FIR No.0029/2016 under Sections 498A/406/34 IPC registered at PS Badarpur, South-East Delhi alongwith all other proceedings emanating therefrom on the ground that the parties have entered into a settlement.
2. Issue notice. Learned APP for the State accepts notice. She submits that since the present FIR has arisen out of a matrimonial dispute and the parties have entered into a settlement, the State has no objection in case the FIR in question is quashed.
3. The petitioner no.1 (former husband) and the petitioner no.2 (father of petitioner no.1), as well as, the respondent no.2 (former wife) are present in court and they have been identified by their respective counsels, as well as, by IO, SI Mahesh Chand, PS. Badarpur.
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 08/10/2023 at 07:38:30
4. The brief facts of the case are that the marriage between the petitioner no.1 and the respondent no.2 was solemnised on 19.01.2014, as per Hindu Rites and Ceremonies, no child was born out of the said wedlock. Due to matrimonial dispute the parties could not stay together and started living separately from each other with effect from 31.07.2015.
5. During the pendency of these proceedings, the parties were referred to Mediation Centre, Saket Courts, New Delhi where they arrived at a settlement, terms whereof were reduced into writing in the form of settlement dated 21.12.2020 (Annexure P-3).
6. It is recorded in the Settlement Deed that the petitioner no.1 had taken divorce from the respondent no.2 by way of an ex parte decree of divorce dated 14.03.2018. It was agreed between the parties that they shall withdraw all the cases filed by them against each other and the learned counsels for parties submits that the same has been done.
7. It was further agreed that the petitioner no.1 shall pay a total amount of Rs.16.50 lacs to the respondent no.2 towards full and final settlement of all her claims including maintenance (past, present and future) permanent alimony, stree dhan etc. Out of the said amount, an amount of Rs.8.5 lacs has already been paid by the petitioner no.1 to the respondent no.2, the receipt of which the respondent no.2 acknowledges. The balance amount of Rs. 8 lacs has been paid today by way of Demand Draft bearing no.680702 dated 26.05.2023 drawn on State Bank of India, NTPC Project Barem, New Delhi Main Branch, in the favour of Niketa Mishra.
8. On a query made by this court, the respondent no.2 states that she has entered into compromise out of her own free will and without any pressure, 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 08/10/2023 at 07:38:30 coercion or threat. She further states that she has no objection in case the present FIR is quashed.
9. Keeping in view that the parties have arrived at a settlement and the marriage of the parties has already been dissolved by an ex parte decree of divorce and the parties have amicably resolved their dispute out of their free will and without any coercion, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.
10. It is, thus, in the interest of justice that the present FIR and the proceedings emanating therefrom be quashed.
11. There is no legal impediment in quashing the present FIR in question. Accordingly, the petition is allowed and the FIR No.0029/2016 under Sections 498A/406/34 IPC registered at PS Badarpur, South-East Delhi along with all other consequential proceedings emanating there from, is quashed.
12. The petition stands disposed off, in the above terms.
13. Order be uploaded on the website of this court.
VIKAS MAHAJAN, J MAY 31, 2023/dss 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 08/10/2023 at 07:38:31