Delhi High Court - Orders
Nitin Bansal & Ors vs State (Govt. Of Nct Of Delhi) & Anr on 1 November, 2023
Author: Sudhir Kumar Jain
Bench: Sudhir Kumar Jain
$~70
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 3165/2023 & CRL.M.A. 29332/2023
NITIN BANSAL & ORS. ..... Petitioners
Through: Mr. Ajit Kakkar, Mr. Alok,
Mr. Siddharth Narang, Mr. Rohit,
Ms. Aanchal Budhraja, Mr. Mayank
Deswal, Mr. Mukesh Choudhary and
Mr. Shivam, Advocates with
petitioners in person.
versus
STATE (GOVT. OF NCT OF DELHI) & ANR. ..... Respondents
Through: Ms. Rupali Bandhopadhya, ASC with
Mr. Akshay Kumar and Mr. Abhijeet
Kumar, Advocates for R-1/State
along with SI Maya Shankar, P.S.
Kalyanpuri.
Mr. Mohit Naagar, Advocate for R-2
with R-2 in person.
CORAM:
HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 01.11.2023
1. The present petition is filed under section 482 Cr.P.C. for quashing of FIR bearing no. 0676/2021 dated 20.11.2021 registered under sections 406/498A/354C/506/509/34 IPC at P.S. Kalyanpuri along with consequential proceedings.
2. Issue notice.
3. Ms. Rupali Bandhopadhya, Additional Standing Counsel accepts notice on behalf of the respondent no. 1/State. The respondent no. 2 is present in person along with the counsel and accepts notice.
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 04/11/2023 at 00:32:36
4. The petitioner no. 1 and the respondent no. 2 got married on 09.02.2019 at Delhi according to Hindu rites and ceremonies and no child was born out of their marriage. The petitioner no. 1 and the respondent no.2 due to matrimonial differences, started to live separately since June, 2020 without any cohabitation.
5. The respondent no. 2 filed petition under section 125 Cr.P.C. bearing MT no. 134/2020, which was stated to be pending in the court of Sh. Sanjeev Jain, Principal Judge, Family Court, East District, Karkardooma Courts, Delhi and petition under section 12 of the Protection of Women from Domestic Violence Act, 2005, which was stated to be pending in the court of Ms. Shazadi Halima Sadiya, MM, North-East District, Karkadooma Courts, Delhi. The petitioner no. 1 also filed a divorce petition bearing HMA no. 977/2021, which was stated to be pending in the court of Sh. Sanjeev Kumar Aggarwal, Judge, Family Court, North-East District, Karkardooma Courts, Delhi. It is stated by the respective counsel for the petitioners and the respondent no. 2 that these petitions have already been withdrawn by the concerned parties.
6. The present FIR bearing no. 0676/2021 was got registered on the basis of the complaint made by the respondent no. 2 under sections 406/498A/354C/506/509/34 IPC at P.S. Kalyanpuri. The Additional Standing Counsel for the State/respondent no. 1, on instructions from the Investigating Officer, stated that the charge-sheet has already been filed after conclusion of investigation and the trial is stated to be pending in the court of Ms. Shazadi Halima Sadiya, MM-02, East District, Karkardooma Courts, Delhi/Successor Court. The petitioners no. 2 to 4 are the family members/relatives of the petitioner no. 1. The petitioners and the respondent 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 04/11/2023 at 00:32:36 no. 2 are identified by the Investigating Officer SI Maya Shankar, P.S. Kalyanpuri as well as by their respective counsel.
7. The petition under section 125 Cr.P.C. bearing MT no. 134/2020 was referred to Delhi Mediation Centre, Karkardooma Court, Delhi whereby the petitioner no. 1 and the respondent no. 2 have settled their pending disputes vide Settlement dated 06.02.2023 whereby they have agreed to dissolve their marriage by way of decree of divorce by mutual consent as per section 13 (B) of the Hindu Marriage Act, 1955. The petitioner no. 1 has agreed to pay Rs.7,75,000/- (Rupees Seven Lacs and Seventy Five Thousand Only) to the respondent no. 2 towards full and final satisfaction of her claims/legal entitlements (past, present and future) arising out of marriage between the petitioner no. 1 and the respondent no. 2 including permanent alimony/maintenance/istridhan, etc. and miscellaneous legal expenses. The petitioner no. 1 has already paid Rs.5,75,000/- to the respondent no. 2, which is acknowledged by the respondent no. 2. The petitioner no. 1 also delivered a demand draft bearing no. 601804 dated 16.10.2023 drawn on Punjab National Bank amounting to Rs.2,00,000/- towards payment of balance settled amount to the respondent no. 2, which is accepted by the respondent no. 2.
8. The marriage between the petitioner no. 1 and the respondent no. 2 has already been dissolved by way of decree of divorce by mutual consent as per section 13B (2) of Hindu Marriage Act, 1955 in petition bearing HMA no. 533/2023 titled as Nitin Bansal and XXX vide judgment dated 14.08.2023 passed by the court of Sh. Sunil K. Aggarwal, Principal Judge, Family Courts, North-East District, Karkardooma Courts, Delhi.
9. The counsel for the petitioners stated that the petitioner no. 1 and the 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 04/11/2023 at 00:32:37 respondent no. 2 have settled their disputes vide Settlement dated 06.02.2023, the terms and conditions of which have already been executed. The marriage between the petitioner no. 1 and the respondent no. 2 has already been dissolved as such, the present petition be allowed and FIR bearing no. 0676/2021 be quashed along with consequential judicial proceedings.
10. The respondent no. 2 stated that she has settled the disputes with the petitioner no. 1 out of her own free will and without any fear, force and coercion. The respondent no.2 further stated that she has received the entire settled amount as such, she does not have any objection if the present petition is allowed and FIR bearing no. 0676/2021 is quashed along with consequential judicial proceedings.
11. The Additional Standing Counsel for the State/respondent no. 1 stated that the petitioner no. 1 and the respondent no. 2 have settled their disputes and the marriage between the petitioner no. 1 and the respondent no. 2 has already been dissolved as such, she does not have any objection if the present petition is allowed and FIR bearing no. 0676/2021 is quashed along with consequential judicial proceedings.
12. The petitioner no. 1 and the respondent no. 2 got married on 09.02.2019 and since June, 2020, they are living separately without any cohabitation. The petitioner no. 1 and the respondent no. 2 have already settled the pending disputes vide Settlement dated 06.02.2023, the terms and conditions of which have already been executed. The marriage between the petitioner no. 1 and the respondent no. 2 has already been dissolved as mentioned hereinabove. No useful purpose shall be served if the proceedings arising out of the present FIR are allowed to be continued. After considering 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 04/11/2023 at 00:32:37 all facts and in the interest of parties, the present petition is allowed and FIR bearing no. 0676/2021 dated 20.11.2021 registered under sections 406/498A/354C/506/509/34 IPC at P.S. Kalyanpuri is quashed along with consequential proceedings including judicial proceedings stated to be pending in the court of Ms. Shazadi Halima Sadiya, MM-02, East District, Karkardooma Courts, Delhi/Successor Court.
13. The present petition alongwith pending application, stands disposed of.
DR. SUDHIR KUMAR JAIN, J NOVEMBER 1, 2023 N/SM 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 04/11/2023 at 00:32:37