Delhi High Court - Orders
Satender Singh & Ors vs State Of Nct Of Delhi, Through Sho & Anr on 30 May, 2023
$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1634/2023
SATENDER SINGH & ORS. ..... Petitioners
Through: Mr. Ajay Kumar Yadav, Adv. for all
petitioners
versus
STATE OF NCT OF DELHI, THROUGH SHO & ANR.
..... Respondents
Through: Mr. Sanjay Lao, SC with ASI
Raghuraj, PS Sangam Vihar, ASI
Manoj Kumar, P.S. Maidan Garhi
Mr. Puneet Bhati, Adv. for R2
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 30.05.2023 CRL.M.A. 15234/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
W.P.(CRL) 1634/2023
3. The present petition has been filed under Article 226 of the Constitution of India seeking quashing of FIR No. 0598/2017 under Sections 498A/406/34 IPC registered at P.S. Sangam Vihar alongwith all other proceedings emanating therefrom, on the ground that the parties have arrived at a settlement.
4. Issue notice. Learned Standing Counsel (Crl.) accepts notice. He 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 04:36:33 submits that since the aforesaid FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed.
5. The petitioner no. 1 (former husband) and other petitioners who are close relatives of the petitioner no. 1 are present in court. The respondent no. 2 (former wife), at whose instance the FIR was registered, is also present in court. The parties have been identified by their respective counsels, as well as, by the Investigating Officer, ASI Raghuraj P.S. Sangam Vihar.
6. During the pendency of the proceedings, the parties were referred to Mediation Centre, Saket Courts, New Delhi where they arrived at a settlement, the terms whereof were recorded on 21.05.2022.
7. In terms of the aforesaid settlement, it was agreed between the parties that they will seek divorce by mutual consent from a court of competent jurisdiction. Pursuant to the said term of settlement, the parties have obtained a decree of divorce by mutual consent dated 09.01.2023, the copy of which is annexed as Annexure P-4 with the present petition.
8. It was further agreed that the petitioner no. 1 shall pay an amount of Rs. 7,50,000/- to the respondent no. 2 towards full and final settlement of her claims on account of Stree Dhan, maintenance (past, present and future), permanent alimony etc.
9. Out of the said amount, an amount of Rs. 5,00,000/- has already been paid by the petitioner no. 1 to the respondent no. 2 at various stages as mentioned in the settlement, the receipt of which the respondent no. 2 acknowledges. The balance amount of Rs. 2,50,000/- has been handed over in court today by way of demand draft no. 920501 drawn on Punjab National Bank, NSIC Bhawan, Okhla, Indl. Estate, New Delhi.
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 04:36:33
10. The respondent no. 2 who is present in court submits that she has no objection in case the aforesaid FIR is quashed.
11. In view of the facts that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.
12. Consequently, the petition is allowed and FIR No. 0598/2017 under Sections 498A/406/34 IPC registered at P.S. Sangam Vihar alongwith all other proceedings emanating therefrom, is quashed.
13. The petition is disposed of.
14. Order be uploaded on the website of this court.
VIKAS MAHAJAN, J MAY 30, 2023 N.S. ASWAL 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 04:36:34