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Shailender Nanda & Ors vs State Nct Of Delhi & Anr on 26 September, 2022

Author: Sudhir Kumar Jain

Bench: Sudhir Kumar Jain

                          $~40
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    CRL.M.C. 4905/2022 & CRL.M.A. 19637/2022
                               SHAILENDER NANDA & ORS.                        ..... Petitioners
                                               Through: Ms. Charu Bhardwaj, Advocate for all
                                                         petitioners.
                                                         Petitioners no. 3 and 4 (through VC)
                                               versus

                                STATE NCT OF DELHI & ANR.                           ..... Respondents
                                                    Through:     Mr. Hitesh Vali, APP for the State
                                                                 with SI Dilip Kumar, P.S Adarsh
                                                                 Nagar.
                                                                 Respondent no. 2 in person.
                                CORAM:
                                HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN
                                             ORDER

                          %                  26.09.2022
                                        [Through Hybrid Mode]

1. The present petition is filed under section 482 Cr.P.C. for quashing of FIR bearing No. 0529/2020 registered under sections 498A/406/34 IPC at P.S. Adarsh Nagar alongwith consequential proceedings.

2. Issue notice.

3. Mr. Hitesh Vali, Additional Public Prosecutor appearing on behalf of the respondent no. 1/State assisted by SI Dilip Kumar, P.S Adarsh Nagar accepts notice on behalf of the State/respondent no. 1. The respondent no. 2 who is present in person alongwith the counsel, accepts notice.

4. The petitioner no. 1 and the respondent no. 2 got married on 10.02.2012 at Delhi according to Hindu customs and rites and customs and no issue was born out of their marriage. Due to matrimonial differences, they started to live separately since 26.11.2018 without any co-habitation.

5. The respondent no. 2 filed a complaint under section 12 of the Protection of Women from Domestic Violence Act, 2005 bearing CT case no. 4615/2019 which was stated to be pending in the court of CMM, North, Rohini and has already been withdrawn by the respondent no. 2 on 27.10.2020. The petitioner no. 1also filed a petition for grant of divorce that has already been withdrawn by him.

6. The respondent no. 2 due to matrimonial differences got registered FIR bearing No. 0529/2020 dated 15.07.2020 under sections 498A/406/34 IPC at P.S. Adarsh Nagar wherein the petitioners were implicated. The petitioners no. 2 to 4 are the family members of the petitioner no. 1. The petitioners no. 3 and 4 joined through Video Conferencing. The petitioners and the respondent no. 2 are identified by the Investigating Officer SI Dilip Kumar, P.S Adarsh Nagar as well as by their respective counsel. The investigation is still pending and the charge-sheet has not been filed.

7. The petitioner no. 1 and the respondent no. 2 have settled their disputes amicably vide Compromise/Settlement Deed dated 20.08.2020 whereby they have agreed to dissolve their marriage by way of divorce by mutual consent as per section 13B of the Hindu Marriage Act, 1955. Out of the settlement, it was also agreed that the petitioner no. 1 shall pay Rs.7,00,000/- (rupees seven lakhs only) to the respondent no. 2 towards full and final settlement of all the legal entitlements (past, present and future) arising out of marriage between the petitioner and the respondent no.2 including permanent alimony/maintenance/istridhan etc. and miscellaneous legal expenses. The petitioner no. 1 has already paid Rs. 4,00,000/- to the respondent no.2 which is also acknowledged by the respondent no.2. The petitioner no. 1 also delivered a Demand Draft amounting to Rs.3,00,000/-

bearing no. 506307 dated 29.08.2022 drawn on Bank of India, towards the payment of balance settled amount to the respondent no. 2 which is accepted by the respondent no. 2.

8. The marriage between the petitioner no. 1 and the respondent no. 2 has already dissolved by way of divorce by mutual consent passed in HMA bearing No. 1478/2021 titled as Shailender Nanda and Tripti Nanda vide judgment dated 14.12.2021 passed by the Court of Prinicipal Judge, Family Courts, Rohini Courts, New Delhi.

9. The counsel for the petitioners and the respondent no. 2 stated that the disputes between the petitioner no. 1 and the respondent no. 2 have already been settled vide settlement dated 20.08.2020 and the marriage between the petitioner no. 1 and the respondent no. 2 has already been dissolved as such, the present petition be allowed and FIR bearing No. 0529/2020 be quashed alongwith consequential proceedings.

10. The respondent no. 2 stated that she has settled the pending disputes with the petitioner no. 1 out of her free own will and without any force and coercion and her marriage with the petitioner no. 1 has already been dissolved. The respondent no. 2 further stated that the pending disputes with the petitioners have settled and she has already received the entire settled amount as such, she does not have any objection if the present petition is allowed and FIR bearing No. 0529/2020 is quashed.

11. The Additional Public Prosecutor appearing on behalf of the respondent no. 1/State also stated that the petitioner no.1 and the respondent no. 2 have already settled their disputes vide settlement dated 20.08.2020 and their marriage has already been dissolved as such, he does not have any objection if the present petition is allowed and FIR bearing No. 0529/2020 is Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA Signing Date:28.09.2022 18:02:21 quashed.

12. The petitioner no. 1 and the respondent no. 2 got married on 10.02.2012 and due to matrimonial differences they started to live separately since 26.11.2018 without any cohabitation. The petitioner no. 1 and the respondent no. 2 have already settled their pending disputes vide Settlement Deed dated 20.08.2020, the terms and conditions of which have already been executed and the respondent no. 2 has already received the entire settled amount. The marriage between the petitioner no. 1 and the respondent no. 2 has already been dissolved as detailed hereinabove. No useful purpose shall be served if the proceedings arising out of FIR bearing No. 0529/2020 is allowed to be continued and it would be an exercise in futility.

13. After considering all facts and in the interest of justice, the present petition is allowed and FIR bearing No. 0529/2020 registered under sections 498A/406/34 IPC at P.S. Adarsh Nagar alongwith consequential proceedings including judicial proceedings stated to be pending in the court of CMM, North, Rohini, Delhi/Successor Court is quashed.

14. The present petition alongwith pending applications, if any, stands disposed of.

SUDHIR KUMAR JAIN, J SEPTEMBER 26, 2022/sk/m Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA Signing Date:28.09.2022 18:02:21