Delhi High Court - Orders
Vikramjeet Singh vs State Nct Of Delhi & Anr on 31 May, 2023
Author: Amit Sharma
Bench: Amit Sharma
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4111/2023
VIKRAMJEET SINGH ..... Petitioner
Through: Ms. Puvali Singh, Mr. Nadeem
Qureshi, Advocates with petitioner in-
person.
versus
STATE NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Hitesh Vali, APP for the State
with S.I. Ankur Yadav, P.S. Jagatpuri.
Mr. S.K. Chaudhary, Advocate for R-
2 alongwith R-2 in-person (through
VC)
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 31.05.2023 CRL.M.A. 15454/2023 (Exemption)
1. Exemption allowed, subject to just exceptions.
2. The application is disposed of accordingly.
CRL.M.C. 4111/20233. The present petition under Section 482 of the Cr.P.C. seeks quashing of FIR No. 84/2014, under Section 498A/406/34 IPC, registered at P.S. Jagatpuri, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Shruti Chaudhary, learned Metropolitan Magistrate, East District, Karkardooma Courts, New Delhi.
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4. The marriage between the petitioner no.1/husband and the respondent no.2/wife was solemnized on 25.03.2012 as per Sikh Rites and Customs and one female child was born out of the said wedlock.
5. Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties resided separately since May 2017. Subsequently, respondent no.2/complainant lodged an FIR against petitioner.
6. On an oral settlement between the parties, Rs. 5,00,000/- has been paid to respondent no. 2/wife towards full and final settlement of all her claims including istridhan, permanent alimony and maintenance - present, past and future.
7. The marriage between the parties stands dissolved by a decree of divorce dated 29.04.2021, passed by Mr. Manoj Kumar, Principal Judge, Family Court, Amritsar, Delhi (Annexure 5). Further, on an oral settlement, total amount of Rs. 5,00,000/- has already been paid to respondent no.2. As per the said oral settlement, custody of the minor child will be with petitioner and respondent no. 2 shall never claim the custody of the minor child in future in any Court of law.
8. Petitioner is present before this Court and complainant/respondent no. 2 is present through video conferencing and have been duly identified by their respective counsel, as well as the Investigating Officer, S.I. Ankur Yadav, P.S. Jagatpuri.
9. The Complainant/respondent No.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed against the petitioners. She further states that all the terms of the settlement have been complied with.
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 08/10/2023 at 08:17:53
10. In view of the oral settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed.
11. In Gian Singh v. State of Punjab (2012) 10 SCC 303, Hon‟ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-
"61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings."
12. In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 84/2014, under Section 498A/406/34 IPC, registered at P.S. Jagatpuri, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Shruti Chaudhary, learned Metropolitan Magistrate, East District, Karkardooma Courts, New Delhi.
13. In the interest of justice, the petition is allowed, and the FIR No. 84/2014, under Section 498A/406/34 IPC, registered at P.S. Jagatpuri, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Shruti Chaudhary, learned Metropolitan Magistrate, East District, Karkardooma Courts, New Delhi, is hereby quashed.
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 08/10/2023 at 08:17:54
14. It is however directed that this order shall not come in the way of the minor child in claiming her rights of inheritance, maintenance, educational & marriage expenses, etc. against any of the parties.
15. Petition is allowed and disposed of accordingly.
16. Pending application(s), if any, also stand disposed of.
AMIT SHARMA, J MAY 31, 2023/ab 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 08/10/2023 at 08:17:54