Delhi High Court - Orders
Ashish Dixit & Ors vs The State Govt Of Nct Delhi & Anr on 15 September, 2023
$~49
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 6681/2023
ASHISH DIXIT & ORS. ..... Petitioners
Through: Mr. C. P. Singh and Mr. Ashish
Dixit, Advocates alongwith the
petitioners in person
versus
THE STATE GOVT OF NCT DELHI & ANR. ..... Respondents
Through: Mr. Sunil Kumar Gautam, APP for
the State with ASI Ranjeet Singh,
PS. G.T.B Enclave
Mr. Anshul Panchal, Advocate for
R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 15.09.2023 Crl. M.A. No. 24989/2023 (for exemption)
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
CRL.M.C. 6681/20233. The petitioners vide the present petition under Section 482 of the Code of Criminal Procedure, 1973 seek quashing of FIR No.0052/2019 dated 09.03.2019 registered under Sections 498A/406/34 of the Indian Penal Code, 1860 at PS.: Krishna Nagar, Delhi and all proceeding emanating therefrom in view of the Settlement dated 13.04.2023 arrived at between the parties.
4. This petition is accompanied by the Settlement dated 13.04.2023 and is also supported by affidavits of all the petitioners and of respondent no.2, alongwith proofs of their respective I.Ds.
CRL.M.C. 6681/2023 Page 1 of 4This 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 16/09/2023 at 19:40:53
5. Petitioner nos. 1 to 4 and as also respondent no.2 are present in Court and have been identified by the Investigating Officer. Their credentials have been verified by this Court.
6. Issue Notice.
7. Learned APP accepts notice. Learned counsel for the respondent no.2 also accepts notice. They confirm that they have has no objection to the quashing of the said FIR.
8. Respondent no.2 confirms that the petitioner no.1 and respondent no.2 have been granted divorce by mutual consent vide Decree of Divorce dated 07.08.2023. She further affirms the Settlement dated 13.04.2023 whereby the petitioner no.1 has already paid her a sum of Rs.9,00,000/- and the remaining amount of Rs.2,50,000/- has been handed over to the respondent no. 2 today vide DD No.725608 issued on State Bank of India in full and final settlement of all her claims including alimony, maintenance (present, past and future), stridhan etc. She states that she has no objection to the quashing of the present FIR. As per the settlement custody of the minor child namely Master Karan shall remain with the respondent no.2 and the husband shall not claim custody of the child and/or visitation rights at any stage and the respondent no.2 shall be the guardian of the child for all intent and purposes.
9. In view of the settlement arrived at between the parties and following the law laid down by the Hon'ble Supreme Court in Jitendra Raghuvanshi & Ors. Vs. Babita Raguvanshi & Anr (2013) 4 SCC 58, Gian Singh vs. State of Punjab & Anr. (2012) 10 SCC 303 and Narinder Singh & Ors. vs. State of Punjab & Anr. (2014) 6 SCC 466, this Court is CRL.M.C. 6681/2023 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 16/09/2023 at 19:40:53 of the opinion that continuation of the aforesaid FIR will be an exercise in futility.
10. Accordingly, the petition is allowed and FIR No.0052/2019 dated 09.03.2019 registered under Sections 498A/406/34 of the Indian Penal Code, 1860 at PS.: Krishna Nagar, Delhi and all proceeding emanating therefrom are quashed.
11. It is further noted that the petitioner herein, being an advocate himself has voluntereed to provide his services to the DLSA, Central District, Tis Hazari Courts, New Delhi. Accordingly, learned Secretary, DLSA, Central District, Tis Hazari Courts, New Delhi is requested to avail the services of the petitioner herein for a period of two months, whose details are as under:-
Mr. Ashish Dixit, Advocate, Enrl. No. 11207/2021, office at 1103, Surya Kiran Building, 19 K.G. Marg, New Delhi and also at- F-623, Karkardooma Courts, Delhi, Mob. No. 9650395399
12. This Court is appreciative and applauds the aforesaid services offered by the petitioner appearing in person. Needless to state that the settlement arrived at between the parties resulting in closure of all criminal proceedings inter se the parties by way of the present order will, in no way, effect the rights of the children of the petitioner no.1 and the respondent no.2 namely Master Karan vis-a-vis his/her/their parents, as may be available under law, in any matter whatsoever.
CRL.M.C. 6681/2023 Page 3 of 4This 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 16/09/2023 at 19:40:53
13. The petition, alongwith the pending applications, if any, stands disposed of.
SAURABH BANERJEE, J SEPTEMBER 15, 2023/akr CRL.M.C. 6681/2023 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 16/09/2023 at 19:40:53