Delhi High Court - Orders
Swaran Lata & Ors vs The State Through Sho Vikas Puri & Anr on 5 December, 2023
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 7677/2023
SWARAN LATA & ORS. ..... Petitioners
Through: Mr. Dharmender Rana, Mr. Ajit
Singh Tomar and Mr. Rakesh Kumar
Sharma, Advocates alongwith
petitioners in person
versus
THE STATE THROUGH SHO VIKAS
PURI & ANR. ..... Respondents
Through: Mr. Satish Kumar, APP for the State
with SI Deepak Vashist, P.S.
Vikaspuri
Respondent no. 2 in person
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 05.12.2023
1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟), has been filed by the petitioners seeking quashing of FIR bearing No. 1111/2015 registered at Police Station Vikaspuri, New Delhi for offences punishable under Sections 323/354/506/509/34 of the Indian Penal Code, 1860 („IPC‟).
2. Issue notice. Mr. Satish Kumar, learned APP accepts notice on behalf of the State.
3. Petitioners are present before this Court and have been identified by their counsel Mr. Dharmender Rana and Investigating Officer (IO) SI 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 07/12/2023 at 23:16:45 Deepak Vashist from Police Station Vikaspuri, New Delhi.
4. Brief facts of the present case are that the marriage between the son of petitioner no. 1 and 2 and respondent no. 2 was solemnized on 22.05.2013 according to Hindu rites and ceremonies at Pitampura, New Delhi. Out of the said wedlock, one female child namely Anishka Kithania was born on 22.04.2014. Due to temperamental differences, parties started residing separately since 23.04.2015. It is stated that on 19.11.2015 at about 5:30 PM, when respondent no. 2 alongwith her parents enquiring about her daughter and husband, petitioners came there and started abusing, assaulting and threatened to kill her upon which, she had lodged a complaint against the petitioners which was culminated into an FIR bearing no. 1111/2015 registered at Police Station Vikaspuri, New Delhi for offence punishable under Sections 323/354/506/509/34 of IPC. After completion of investigation, chargesheet was filed before the concerned Court against the petitioners. It is stated that on the same day i.e 19.11.2015, a cross-FIR was also got registered on the complaint of one Ms. Hemlata against the respondent no. 2, her father and mother. It is further stated that various litigations are pending between the parties. During the pendency of the case, both the parties have amicably settled their disputes before the Mediation Centre, Dwarka Courts, New Delhi vide Settlement dated 03.06.2023.
5. On a query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent No.2 that the entire dispute has been amicably settled between the parties before Mediation Centre, Dwarka Courts, New Delhi vide Settlement dated 03.06.2023 and learned counsel for 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 07/12/2023 at 23:16:45 the petitioners submitted that affidavits showing the protection of interest of minor child as per the judgment titled as Ganesh vs. Sudhirkumar Shrivastava, (2020) 20 SCC 787 passed by the Hon‟ble Supreme Court have been filed and the same are on record.
6. The complainant, who is present before this Court and states that the custody of the minor child was handed over to the husband in the year 2015. The complainant states that she understands and has read the settlement agreement wherein it is mentioned that she had handed over the custody of minor child voluntarily to the husband and that, she does not have visitation rights, neither she will seek visitation rights in future. The settlement agreement also mentions in para (viii) that the present settlement shall not affect the right of the minor child, as per law.
7. It is submitted that respondent no.2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with petitioners.
8. The petitioners had paid a sum of Rs. 75,00,000/- in five installments in the following manner:
a. First installment of Rs.20,00,000/- paid to respondent no. 2 at the time of recording of first motion petition.
b. Second installment of Rs. 25,00,000/- paid to respondent no. 2 at the time of record of second motion petition.
c. Third installment of Rs. 10,00,000/- paid to respondent no. 2 at the time of quashing of FIR bearing no. 233/2016 for offence under Section 498A/406/34 of IPC registered at Police Station Nanakpura, New Delhi.
d. Fourth installment of Rs. 10,00,000/- paid to respondent no. 2 at the time of quashing of FIR bearing no. 268/2016 for offence under Section 354/506/509/323/34 of IPC registered at Police Station 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 07/12/2023 at 23:16:45 Vikaspuri, New Delhi.
e. Fifth/Final instalment of Rs. 10,00,000/- to be paid at the time of quashing of the FIR bearing no. 1111/2015 for offence under Section 354/506/509/323/34 of IPC registered at Police Station Vikaspuri, New Delhi before the Hon‟ble High Court at New Delhi.
9. Today, the complainant who is present in Court states that she has received the last and final instalment of Rs.10,00,000/- today, i.e., 05.12.2023 vide DD No. 003348 drawn on Bandhan Bank, and has no objection if the FIR is quashed.
10. In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, I am of the opinion that no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. Moreover, there is no legal impediment in quashing the FIR in question.
11. Accordingly, FIR bearing No. 1111/2015 registered at Police Station Vikaspuri, New Delhi for offences punishable under Sections 323/354/506/509/34 of the IPC and all consequential proceedings emanating therefrom are quashed.
12. In view of above, the petition stands disposed of.
13. The order be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J DECEMBER 5, 2023/ns Click here to check corrigendum, if any 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 07/12/2023 at 23:16:45