Delhi High Court - Orders
Avishekh Kumar Singh & Ors vs State (Govt. Of Nct Of Delhi) And Anr on 12 October, 2023
Author: Jyoti Singh
Bench: Jyoti Singh
$~89
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2989/2023
AVISHEKH KUMAR SINGH & ORS. ..... Petitioners
Through: Mr. Sanjay Khanna, Advocate with
Ms. Pragya Bhushan, Mr. Karandeep Singh, Mr.
Tarandeep Singh and Mr. Amit Singh, Advocates
along with Petitioner No.1 in person and
Petitioners No.2 to 4 (present through VC).
versus
STATE (GOVT. OF NCT OF DELHI) AND ANR. ..... Respondents
Through: Mr. Rahul Tyagi, ASC (Crl.) for State
with Ms. Priya Rai, Mr. Sangeet Sibou, Mr. Jatin
and Mr. Aashish Chojar, Advocates with W/SI
Usha Yadav, P.S. Mehrauli.
Mr. Kuldip Babbar, Advocate for
Complainant/Respondent No.2 along with R-2 in
person.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 12.10.2023 CRL.M.A. 27836/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(CRL) 2989/2023
3. This petition has been filed by the Petitioners seeking quashing of FIR No.661/2022 dated 19.11.2022 under Sections 498A/406/34 IPC registered at PS: Mehrauli including proceedings emanating therefrom.
4. Marriage between Petitioner No.1 and Respondent No.2 was solemnized on 09.12.2012 according to Hindu Rites and Ceremonies at Arya W.P.(CRL) 2989/2023 Page 1 of 4 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 15/10/2023 at 11:45:54 Samaj Mandir, Saket, New Delhi. No child is born from the said wedlock. Due to temperamental differences, disputes arose between Petitioner No.1 and Respondent No.2 and on a complaint filed by Respondent No. 2 levelling allegations against the Petitioner, present FIR was registered. Respondent No. 2 also filed a petition under Section 125 Cr.P.C. against Petitioner No. 1 bearing MT No. 382/2019 and an application under Section 12 of Protection of Women from Domestic Violence Act, 2005 (DV Act) being CT Case No. 207/2021 against all Petitioners. Petitioner No. 1 filed a divorce petition being HMA No. 1257/2021 under Section 13(1)(ia) of the Hindu Marriage Act, 1955 against Respondent No. 2.
5. During the pendency of the case under the DV Act, the Court referred the parties to mediation for exploring the possibility of a settlement. Parties have amicably resolved all their disputes and differences and terms of settlement have been recorded before the Mediation Centre, Saket Court and have been placed on record as Annexure P-2. In furtherance of the settlement, the divorce petition filed by Petitioner No. 1 was disposed of the learned Family Court on 02.03.2023 and thereafter, marriage between the parties has been dissolved by a Decree of Divorce dated 11.08.2023. It is further stated in the petition that the case under DV Act has also been disposed of as withdrawn on 06.05.2023 and Respondent No. 2 has undertaken to co-operate in quashing of the present FIR.
6. Issue notice.
7. Learned ASC accepts notice on behalf of the State.
8. Mr. Kuldip Babbar, Advocate accepts notice on behalf of Respondent No. 2.
9. Petitioners and Respondent No. 2 are present in Court and have been W.P.(CRL) 2989/2023 Page 2 of 4 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 15/10/2023 at 11:45:54 identified by their respective counsels as well as the Investigating Officer W/SI Usha Yadav, P.S. Mehrauli. It is stated by Petitioner No. 1 that as per the terms of settlement, a total amount of Rs.14,75,000/- was payable to Respondent No.2 in full and final settlement of all her claims including maintenance, etc. and out of the said amount, Rs.6,00,000/- is the balance amount which is to be paid today. Petitioner No. 1 has handed over a Demand Draft in the sum of Rs.6,00,000/- bearing No.000685 dated 06.10.2023 drawn on Axis Bank, EON, Kharadi, Pune to Respondent No. 2, which is duly acknowledged by her. In view of the settlement between the parties, terms of which stand complied with, Respondent No. 2 and the learned ASC have no objection to the present FIR being quashed.
10. In view of the judgments of the Supreme Court in Gian Singh v. State of Punjab and Another, (2012) 10 SCC 303 and Jitendra Raghuvanshi and Others v. Babita Raghuvanshi and Another, (2013) 4 SCC 58, this Court finds no impediment in quashing the FIR, as disputes stand settled between the parties. Marriage between Petitioner No. 1 and Respondent No. 2 stands dissolved by a Decree of Divorce and all other cases inter se, pending in different Courts, have been disposed of. The agreed sum of Rs.14,75,000/- has been paid by Petitioner No. 1 to Respondent No. 2. Supreme Court has repeatedly held that it is the duty of the Courts to encourage genuine settlements of matrimonial disputes even if the offences alleged are non- compoundable, if the Court is satisfied that parties have settled the disputes amicably and without any pressure and taking into account facts and circumstances in a given case. It was also observed that if parties ponder over their defaults and terminate the disputes amicably by mutual agreement instead of fighting it out in Courts, in order to do complete justice in W.P.(CRL) 2989/2023 Page 3 of 4 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 15/10/2023 at 11:45:54 matrimonial matters, Courts should be less hesitant in exercising extraordinary jurisdiction. This Court is fortified in this view by the judgments of this Court in Yashpal Chaudhrani and Others v. State (Govt. of NCT of Delhi) and Another, 2019 SCC OnLine Del 8179; Kulveer Singh and Others v. State (NCT of Delhi) and Another, 2023 SCC OnLine Del 2157 and Jaimeet Singh Kalra and Others v. State and Another, 2022 SCC OnLine Del 1753.
11. In view of the fact that parties have mutually and amicably settled all their disputes and Respondent No. 2, the Complainant does not want to prosecute the matter any further, no useful purpose will be achieved in continuing the criminal proceedings emanating from the subject FIR. It would be in the interest of justice that proceedings are terminated and peace and harmony is established between the parties. Accordingly, FIR No.661/2022 dated 19.11.2022 under Sections 498A/406/34 IPC registered at PS: Mehrauli is quashed including proceedings emanating therefrom.
12. Petition stands disposed of.
JYOTI SINGH, J OCTOBER 12, 2023/kks/shivam W.P.(CRL) 2989/2023 Page 4 of 4 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 15/10/2023 at 11:45:54