Delhi High Court - Orders
Poonam Tayal @ Poonam Aggarwal & Ors vs The State & Ors on 5 August, 2022
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~53
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3642/2022 & CRL M.A. No.15302/2022
POONAM TAYAL @ POONAM AGGARWAL & ORS.
..... Petitioners
Through: Mr.Rishipal Singh Jadon and
Ms.Radha Rani Jadon, Advocates
with petitioners.
versus
THE STATE & ORS. ..... Respondents
Through: Mr.Harpreet Singh Popli, APP for
the State with SI Rakesh Kumar, PS
Swaroop Nagar.
Mr.Sujeet Beniwal, Mr.Nitish Pande,
and Mr.Rahul Parashar, Advocaets
for Respondents No.2 & 3 with both
respondents in person.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 05.08.2022
1. Petitioners file this writ petition for quashing of the FIR No.500/219 under Section 452/323/506/34 Indian Penal Code registered at police station Swaroop Nagar against them and the proceedings emanating therefrom.
2. The petitioner No.1 is wife of respondent No.2 and respondent No.3 is mother of respondent No.2. Owing to matrimonial dispute among the couple several litigations viz aforesaid FIR lodged against the petitioners herein; petitioner No.1 lodged FIR No.17/2021 under Section 498A/406/34 IPC at police station Vijay Vihar against respondents herein; CT No.2919/2020 under Section 12 DV Act; and MT No.87/2020under Section 125 Cr P C filed by petitioner No.1 against respondents. During the Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:06.08.2022 11:39 pendency of proceedings, the parties have settled the matter per settlement agreement dated 21.04.2022 before the Delhi Mediation Centre, Rohini Courts, Delhi. The parties have also obtained divorce by mutual consent. Pursuant to settlement, the respondent No.2 had agreed to make the payment of Rs.08.00 Lacs to petitioner No.1 towards all her claim of alimony, maintenance - past, present and future, stridhan, and dowry articles etc. Out of said amount, Rs.4.00 Lacs have already been received by petitioner No.1 and as a part payment, respondent No.2 has handed over the draft No.892447 dated 02.07.2022 drawn on SBI in favour of petitioner No.1 for Rs.2.00 Lacs to petitioner No.1, which has been received by her. It is agreed between the parties the balance amount of Rs.2.00 Lacs shall be paid to petitioner No.1 at the time of quashing of matrimonial FIR against the respondents No.2 & 3. In view of above, the respondents No.2 & 3 does not wish to pursue their case against the petitioners.
3. The complainant/respondents No.2 and 3 have been duly identified by the Investigating Officer, states the matter has been settled with the petitioners and they 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 with 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.500/2019 under Section 452/323/506/34 Indian Penal Code registered at police station Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:06.08.2022 11:39 Swaroop Nagar and the proceedings emanating therefrom are quashed. Pending application, if any, also stands disposed of. No order as to costs.
YOGESH KHANNA, J.
AUGUST 05, 2022 M Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:06.08.2022 11:39