Delhi High Court - Orders
Rajesh Kumar &Anr vs State Gnct Of Delhi &Anr on 17 November, 2022
$~71
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 6047/2022
RAJESH KUMAR &ANR. ..... Petitioner
Through: Mr.Kunal Malik, Advocate with
petitioners.
versus
STATE GNCT OF DELHI &ANR. ..... Respondent
Through: Mr.Sunil Kumar Gautam, APP for the
State with SI Naveen Gurjar, PS
Swaroop Nagar.
R2/complainant in person.
CORAM:
HON'BLE MR. JUSTICE YOGESHKHANNA
ORDER
% 17.11.2022
1. Petitioners file this petition for quashing of the FIR No.332/2018 under Section 498A/323/34 Indian Penal Code registered at police station Swaroop Nagar against them and the proceedings emanating therefrom.
2. The marriage between the petitioner No.1 and complainant/ respondent No.2 was solemnized on 27.05.2015 according to Hindu rites and ceremonies at Delhi. No child is born from this wedlock. However, due to matrimonial discord, the couple could not live together since 17.08.2018 and on the complaint of respondent No.2 aforesaid FIR was registered against the petitioners. The respondent No.2 also filed CC No.368/2019 under Section 125 Cr P C; CC No.2313/2018 under Section 12 of the DV Act; and Ex. P. No.53/2020 against the petitioner No.1. During the pendency of proceedings, the couple has settled the matter per settlement agreement dated 10.03.2021 before the Family Courts, Tis Hazari Courts, Delhi. The parties have also obtained divorce by mutual consent. Pursuant to settlement, the petitioner No.1 has agreed to pay Rs.03.00 Lacs to Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:18.11.2022 16:01 respondent No.2 towards all her claims of alimony, maintenance - past, present and future, stridhan, and dowry articles etc. Out of said sum, the petitioner No.1 has already paid Rs.2.50 Lacs to respondent No.2 and the balance amount of Rs.50,000/- has been paid to her in cash today. The respondent No.2 affirms the receipt of total sum of Rs.3.00 Lacs from petitioner No.1. The aforesaid cases filed by respondent No.2 has since been withdrawn.
3. The complainant/respondent No.2 has been duly identified by the Investigating Officer, states the matter has been settled with the petitioners and she has no objection if the FIR is quashed. The learned APP for the State has also no objection, if this petition is allowed. The affidavits of parties are on record.
4. Considering the above settlement between the parties, there is no impediment in quashing of the FIR as complainant has settled all the disputes and has received the settled amount from the petitioners. In view of the above, there is no use to continue with the proceedings against petitioners as it would never entail in conviction of petitioners.
5. Accordingly, the petition is allowed. Consequently, FIR No.332/2018 under Section 498A/323/34 Indian Penal Code registered at police station Swaroop Nagar and the proceedings emanating therefrom are quashed. Pending application, if any, also stands disposed of. No order as to costs.
YOGESHKHANNA, J.
NOVEMBER 17, 2022 M Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:18.11.2022 16:01