Delhi High Court - Orders
Tarun Sharma & Ors vs The State Govt Of Nct Of Delhi & Anr on 12 December, 2023
Author: Sudhir Kumar Jain
Bench: Sudhir Kumar Jain
$~73
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 9079/2023 & CRL.M.A. 33922/2023
TARUN SHARMA & ORS. ..... Petitioners
Through: Mr. R. D. Tyagi, Mr. T. N. Tyagi, Mr.
Akshat, Ms. Sangeeta Tyagi, Mr.
Rajat Kain, Mr. Ritesh Kain, Mr.
Vinayak Tyagi, Advocates for P-1 to
5 with P-1 and 4 in person and P-2,3
and 5 appeared through V.C.
versus
THE STATE GOVT OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Mukesh Kumar, APP for State
with SI Rajender Singh, P.S. Amar
Colony
Mr. Narender Sharma, Mr. Tarunjeet
Singh Jolly, Dr. Kuldeep Ahuja, Mr.
Ashwin Bhargav, Advocates for R-2
with R-2 in person
CORAM:
HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 12.12.2023
1. The present petition is filed under section 482 Cr.P.C. for quashing of FIR bearing no. 0370/2022 dated 17.06.2022 registered under sections 498A/406/34 IPC at P.S. Amar Colony along with consequential proceedings.
2. Issue notice.
3. Mr. Mukesh Kumar, Additional Public Prosecutor assisted by Investigating Officer SI Rajender Singh, P.S. Amar Colony 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 19/12/2023 at 22:42:08 on behalf of the respondent no.1/State. The respondent no.2 is present in person along with the counsel and accepts notice.
4. The petitioner no.1 and the respondent no.2 got married on 07.03.2007 at Hapur, Uttar Pradesh according to Hindu Rites and Customs and out of their marriage one male child, namely, Arnav Bhardwaj was born on 28.11.2007 who is at present, under the care and custody of the respondent no. 2. The petitioner no.1 and the respondent no.2 due to matrimonial differences started to live separately since 23.12.2021 without any cohabitation.
5. The respondent no.2 due to matrimonial differences, filed a petition under section 125 Cr.P.C bearing M. Case No. 158/2022 which was stated to be pending in the court of Ms. Smita Garg, Judge Family Court, South East, Saket Courts, New Delhi. The respondent no.2 also filed divorce case under section 13(1) (ia) of Hindu Marriage Act, 1955 bearing HMA no.693/2022 which was stated to be pending in the court of Ms. Smita Garg, Judge Family Court, South East, Saket Courts, New Delhi. The respondent no.2 also filed a petition under section 12 of Protection of Women from Domestic Violence Act, 2005 which was stated to be pending in the court of Ms. Nidhi Singh, MM, South East, Saket Courts, New Delhi. The petitioner no. 1 also filed a petition under section 7 and 10 of Guardian and Ward Act, 1890 read with section 13 of Hindu Minority and Guardianship Act, 1956 for appointment as guardian of minor and his property which was stated to be pending in the Family court, PJFC, Ghaziabad. The petitioner no.1 also filed a civil suit which was stated to be pending in the court of Civil Judge (S.D.) Hapur. It is stated that these petitions/complaints have already been withdrawn by the concerned parties.
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 19/12/2023 at 22:42:08
6. The respondent no. 2 also got registered the present FIR bearing no. 0370/2022 dated 17.06.2022 registered under sections 498A/406/34 IPC at P.S. Amar Colony wherein the petitioners were implicated. The petitioner nos.2 to 5 are the family members/relatives of the petitioner no.1. The petitioner nos. 1 and 4 are present in person and the petitioner nos.2, 3 and 5 appeared through video conferencing. The petitioners and the respondent no. 2 are identified by Investigating Officer SI Rajender Singh, P.S. Amar Colony as well as by their respective counsel. The charge-sheet has already been filed after conclusion of investigation and the trial is stated to be pending in the court of Ms. Nidhi Singh, MM, South East, Saket Courts, New Delhi/Successor Court.
7. The petitioner no. 1 and the respondent no. 2 vide Compromise Deed dated 06.07.2023 have settled their disputes. The petitioner no. 1 and the respondent no. 2 have agreed to dissolve their marriage by way of mutual consent. The respondent no.2 has also agreed not to claim any maintenance/permanent alimony or any claim regarding dowry articles/stridhan, legal and miscellaneous expenses. It is stated that the petitioner no.1 and the respondent no.2 have already initiated appropriate legal proceedings for grant of divorce by mutual consent as per section 13B of the Hindu Marriage Act, 1955. The petition under section 13B(1) for recording of first motion titled as Kiran Shobha V Tarun Sharma bearing HMA no. 2803/2023 has already been allowed vide order dated 07.08.2023 passed by the court of Ms. Smita Garg, Judge Family Court, South East, Saket Courts, New Delhi. It is further stated that the petition under section 13B(2) of Hindu Marriage Act, 1955 shall be filed as per the terms and conditions of the Compromise Deed dated 06.07.2023 along with return of 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 19/12/2023 at 22:42:08 dowry articles by the petitioners to the respondent no.2 as mentioned in the Compromise Deed dated 06.07.2023.
8. The respective counsel for the petitioners and respondent no.2 stated that the disputes between the petitioners and the respondent no.2 have already been settled vide Compromise Deed dated 06.07.2023, 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. 0370/2022 dated 17.06.2022 registered under sections 498A/406/34 IPC at P.S. Amar Colony be quashed alongwith consequential proceedings be quashed.
9. The respondent no.2 stated that she has settled with the petitioner no.1 and his family members out of her own free will and without any force, fear or coercion and her marriage with the petitioner has already been dissolved as such, she does not have any objection if the present petition is allowed and FIR bearing no. 0370/2022 dated 17.06.2022 registered under sections 498A/406/34 IPC at P.S. Amar Colony is quashed alongwith consequential proceedings.
10. The Additional Public Prosecutor stated that the petitioner no.1 and the respondent no.2 have already settled their disputes vide Compromise Deed dated 06.07.2023 and their marriage has already been dissolved as such, he does not have any objection if the present petition is allowed and FIR bearing no. 0370/2022 is quashed but he expressed his concern regarding one child, namely, Arnav Bhardwaj in view of the judgment titled as Ganesh V Sudhir Kumar Shrivastava and Ors. (2020) 20 SCC 787, and stated that the respondent no.2 can settle her claims relating to maintenance/permanent alimony/istridhan with the petitioner no.1 but she 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 19/12/2023 at 22:42:09 could not give up the rights which vest or shall be vesting in favour of her child, namely, Arnav Bhardwaj relating to maintenance and other issues.
11. The petitioner no.1 and the respondent no. 2 got married on 07.03.2007 and due to matrimonial differences, they are living separately since 23.12.2021 without any cohabitation. The petitioner no.1 and the respondent no.2 have already settled their pending disputes vide Compromise Deed dated 06.07.2023, 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 detailed hereinabove. No useful purpose shall be served if the proceedings arising out of FIR bearing no. 0370/2022 are allowed to be continued and it would be an exercise in futility.
12. After considering all facts and in the interest of parties, the present petition is allowed and FIR bearing no. 0370/2022 dated 17.06.2022 registered under sections 498A/406/34 IPC at P.S. Amar Colony along with consequential proceedings including judicial proceedings stated to be pending in the court of Ms. Nidhi Singh, MM, South East, Saket Courts, New Delhi /Successor Court is quashed. However, it is made clear that the Compromised Deed dated 06.07.2023 and the present proceeding pertaining to quashing of FIR bearing no. 0370/2022 shall not affect in any manner the rights vested or shall be vesting including the maintenance/inheritance and other issues in favour of one child, namely, Arnav Bhardwaj in terms of the judgment titled as Ganesh V Sudhir Kumar Shrivastava and Ors. (2020) 20 SCC 787.
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 19/12/2023 at 22:42:09
13. The present petition alongwith pending applications, if any, stands disposed of.
DR. SUDHIR KUMAR JAIN, J DECEMBER 12, 2023/j/ak 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 19/12/2023 at 22:42:09