Delhi High Court - Orders
Sunil Dahiya & Ors vs The State (Gnct Of Delhi) & Anr on 23 March, 2022
Author: Asha Menon
Bench: Asha Menon
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1205/2022
SUNIL DAHIYA & ORS. ..... Petitioners
Through: Mr. Lohit Ganguly and Mr. Ajay
Kumar, Advs.
Versus
THE STATE (GNCT OF DELHI) & ANR. ..... Respondents
Through: Ms. Manjeet Arya, APP for R-1/State
with SI Prem Giri, P.S. North Rohini.
Mr. Nitin Mittal, Adv. for R-2 with
R-2 in person.
CORAM:
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 23.03.2022 CRL.M.A. 5238/2022 (for exemption)
1. Allowed, subject to just exceptions.
2. The application stands disposed of.
CRL.M.C. 1205/20223. The petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.358/2013 under Sections 498A/406 IPC registered at P.S. North Rohini, Delhi and all the proceedings arising therefrom.
4. The petitioners No.1 to 3 and the respondent No.2 are present in the Court and have been identified by the Investigating Officer.
CRL.M.C. 1205/2022 Page 1 of 3 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:23.03.2022 19:32:395. Mr. Lohit Ganguly, learned counsel for the petitioners submits that the parties have settled their disputes and the Memorandum of Understanding-cum-Compromise Deed dated 3rd March, 2021 has been placed on record as Annexure P-6. It is further informed that the parties have acted upon the said Memorandum of Understanding-cum-Compromise Deed. On query by the Court, the respondent No.2 affirms that she has voluntarily entered into this Settlement being Annexure P-6 and all cases have been withdrawn by her except the case under the Protection of Women from Domestic Violence Act, 2005 which she undertakes to withdraw on the next date of hearing fixed before the Trial Court on 19th May, 2022. The counter-claim that has been filed by the petitioner No.1 has also been withdrawn by the petitioner No.1. She further submits that she has received Rs.8 lakhs out of settled amount of Rs.13 lakhs. The petitioners have handed over a Demand Draft bearing No.98355 dated 24th February, 2022 for an amount of Rs.5 lakhs in her favour drawn on State Bank of India, New Delhi Main Branch today in Court, which the respondent No.2 has received. Thus, the full amount has been paid. It is also informed that the Decree of Divorce has been granted on 9th February, 2022 and a copy placed on record as Annexure P-8. The child is now with the petitioner No.1 and the respondent No.2 shall have the visitation rights in terms of Annexure P-
6.6. The parties shall remain bound by the terms of the Memorandum of Understanding-cum-Compromise Deed dated 3rd March, 2021 (Annexure P-6). Since the parties have mutually and amicably settled their disputes CRL.M.C. 1205/2022 Page 2 of 3 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:23.03.2022 19:32:39 in the light of the judgments of the Supreme Court in Gian Singh Vs. State and of Punjab & Anr. (2012) 2 SCC (L&S) 998, Jitendra Raghuvanshi Vs. Babita Raghuvanshi (2013) 4 SCC 58 and State of Madhya Pradesh Vs. Laxmi Narayan & Ors. (2019) 5 SCC 688, the Court considers it appropriate and just and proper to exercise its discretion under Section 482 Cr.P.C., and give a quietus to this matter.
7. The petition is accordingly allowed and FIR No.358/2013 under Sections 498A/406 IPC registered at P.S. North Rohini, Delhi and all the proceedings arising therefrom are quashed.
8. The order be uploaded on the website forthwith.
ASHA MENON, J.
MARCH 23, 2022 'bs' CRL.M.C. 1205/2022 Page 3 of 3 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:23.03.2022 19:32:39