Delhi High Court - Orders
Santosh Kumar & Ors vs The State Of Nct Delhi & Anr on 13 July, 2021
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1498/2021
SANTOSH KUMAR & ORS. ..... Petitioner
Through Mr. Shireesh Kumar Singh, Advocate
versus
THE STATE OF NCT DELHI & ANR. ..... Respondent
Through Ms. Meenakshi Chouhan, APP with
SHO Karawal Nagar
Mr. Ankit Sharma, Advocate for the
complainant with complainant - in
person
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 13.07.2021 HEARD THROUGH VIDEO CONFERENCING CRL.M.A. 10394/2021 (Exemption) Allowed, subject to all just exceptions.
CRL.M.C. 1498/20211. The present petition under Section 482 of the Code of Criminal Procedure (Cr.P.C.) has been filed for quashing FIR No.123/2016 dated 16.03.2016 under Sections 498-A, 406 and 34 IPC registered at Police Station Karawal Nagar, Delhi. The present FIR is the outcome of a matrimonial dispute between the parties.
2. The respondent No.2 is the complainant, the petitioner No.1 is the husband of the complainant, petitioner No.2 is the Father-in-law of the complainant, petitioner No.3 is the Mother-in-law of the complainant, CRL.M.C. 1498/2021 Page 1 of 3 petitioner No.4 is the Sister-in-law of the complainant and petitioner No.5 is the brother-in-law of the complainant.
3. The principal ground on which the present petition is filed is that the parties have amicably settled their disputes. In terms of the settlement deed dated 05.01.2021, the petitioner No.1/husband has agreed to pay a sum of Rs.1,40,000/- to the complainant/respondent No.2 as a full and final settlement of her claims, including stridhan, alimony, dowry etc.
4. The complainant/respondent No.2 has also filed an affidavit (page No.23 of the paper book) affirming the fact that the claims and grievances of the complainant against the petitioners in the abovementioned FIR stands settled. It is also stated that the complainant does not have any objection if the FIR against the petitioners is quashed as she has already settled her claims due to her.
5. Today, parties have joined the proceedings through Video Conferencing. The parties have been identified by the IO. Brother of the respondent No.2/complainant has also joined the proceedings and has confirmed that he has received a DD for Rs.1,40,000/- from the petitioners. The complainant/respondent No.2 has also joined the proceedings and she states that she has settled all her matrimonial disputes with the petitioner No.1 out of her own free will, without pressure, coercion or undue influence and states that she does not want to pursue with the present case any further and request that the present FIR and the proceedings emanating therefrom may be quashed. The parties undertake that they shall remain bound by the terms of the settlement arrived at between them and the proceedings recorded before this Court.
6. The parties who are present through Video Conferencing understand CRL.M.C. 1498/2021 Page 2 of 3 the implication of the present proceedings. In view of the settlement arrived at between the parties, this Court is of the opinion that no useful purpose will be served in continuing with the present proceedings. Resultantly, FIR No.123/2016 dated 16.03.2016 registered at Police Station Karawal Nagar, Delhi under Sections 498-A, 406 and 34 IPC and the proceedings emanating therefrom are hereby quashed. The parties shall remain bound by the terms of the settlement and the undertaking given to the Court.
7. Accordingly, the petition is disposed of.
SUBRAMONIUM PRASAD, J JULY 13, 2021 Rahul CRL.M.C. 1498/2021 Page 3 of 3