Delhi High Court - Orders
Davinder Pal Singh Jandoria & Ors vs State (Nct Of Delhi) & Anr on 7 September, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1692/2021
DAVINDER PAL SINGH JANDORIA & ORS. ..... Petitioner
Represented by: Mr. Roshan Lal Saini, Advocate with
Ms. Kavita Saini, Advocate along
with petitioners in person. (through
Video Conferencing).
versus
STATE (NCT OF DELHI) & ANR. ..... Respondent
Represented by: Ms. Richa Kapoor, ASC for the State
with Ms. Shivani Sharma &
Ms. Surabhi Katyal, Advocates
(through Video Conferencing).
SI Ravi Kumar, PS Kakaji.
Respondent No.2 in person (through
Video Conferencing).
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 07.09.2021 The hearing has been conducted through Physical Mode.
CRL.M.A.14015/2021 (exemption)
1. Exemption allowed subject to just exceptions.
2. Application is disposed of.
W.P.(CRL) 1692/2021
1. By this petition, the petitioners seek quashing of FIR No.170/2021, under Sections 498A/406/34 IPC, registered at PS Kalkaji on the complaint of the respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.
Signature Not VerifiedW.P.(CRL) 1692/2021 Page 1 ofSigned Digitally 3 By:JUSTICE MUKTA GUPTA Signing Date:07.09.2021 21:28:02 2. Notice.
3. Ms. Richa Kapoor, learned Additional Standing Counsel for the State accepts notice and on instructions from Investigating Officer she states that in the above-noted FIR the four petitioners are the accused and the respondent No.2 is the only complainant/ victim. She further states that through there is averment with regard to manhandling of the grandfather of the respondent No.2, however, Section 323 IPC has not been invoked and, thus, the respondent No.2 is the only complainant/ victim in the FIR in question.
4. Respondent No.2 is present through Video Conferencing and is identified by the Investigating Officer SI Ravi Kumar. She states that she has settled the matter with the petitioners vide Settlement Deed dated 22nd April, 2021, copy whereof is annexed as Annexure P-2 to the present petition. In terms of the settlement arrived at between the parties, the petitioner No.1 and the respondent No.2 have been granted divorce by mutual consent and in lieu of all her claims towards streedhan, maintenance, alimony etc., respondent No.2 was to receive a total sum of ₹11,00,000/-, out of which, she has already received a sum of ₹9,00,000/- and the balance amount of ₹2,00,000/- is lying in the form of a Demand Draft No.009782, dated 2nd September, 2021, drawn on HDFC Bank, Sohana Mohali, with the Mediator, who is Jaspal Singh and on quashing of this FIR, the respondent No.2 would collect the demand draft from the learned mediator. She states that she has now no claim whatsoever against the petitioners and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. She undertakes to abide by the terms of settlement arrived at between the parties.
Signature Not VerifiedW.P.(CRL) 1692/2021 Page 2 ofSigned Digitally 3 By:JUSTICE MUKTA GUPTA Signing Date:07.09.2021 21:28:02
5. Petitioners who are present through Video Conferencing and are identified by the learned counsel affirm the statement of the respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties.
6. In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.
7. Consequently, FIR No.170/2021, under Sections 498A/406/34 IPC, registered at PS Kalkaji and the proceedings pursuant thereto are hereby quashed.
8. Petition is disposed of.
9. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
SEPTEMBER 7, 2021 vk Signature Not Verified W.P.(CRL) 1692/2021 Page 3 ofSigned Digitally 3 By:JUSTICE MUKTA GUPTA Signing Date:07.09.2021 21:28:02