Delhi High Court - Orders
Shri Arun Kumar & Ors vs State Govt. Of Nct Of Delhi And Anr on 19 October, 2023
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 7754/2023
SHRI ARUN KUMAR & ORS. ..... Petitioners
Through: Mr. Ankit Parashar and Mr. Saurabh
Kaushik, Advocates alongwith
petitioners in person.
versus
STATE GOVT. OF NCT OF DELHI AND ANR. ..... Respondents
Through: Mr. Satish Kumar, APP for the State.
W/ASI Bala Rani and WSI Priyanka,
PS - Mohan Garden, Delhi.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 19.10.2023 CRL.M.A. 28854/2023 (exemption)
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
CRL.M.C. 7754/20233. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of petitioners seeking quashing of FIR bearing no. 851/2020 registered at Police Station Mohan Garden, Delhi for offence punishable under Sections 498A/406/34 of Indian Penal Code, 1860 ('IPC').
4. Issue notice. Mr. Satish Kumar, learned APP accepts notice on behalf of the State.
5. It is stated that petitioner no. 4 has unfortunately passed away. The Investigating Officer has verified the factum of death of petitioner no. 4.
6. Petitioner nos. 1 to 3 are present before this Court and have been 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 22/10/2023 at 02:35:33 identified by their counsel, Mr. Ankit Parashar and Investigating Officer (IO) W/ASI Bala Rani and WSI Priyanka from Police Station Mohan Garden, Delhi.
7. Brief facts of the present case are that petitioner no. 1 and respondent no. 2 got married on 28.09.2017 according to Hindu rites and ceremonies. No child was born out of the said wedlock. Due to temperamental differences, both the parties started living separately since 22.01.2018. On the complaint of respondent no. 2, the present FIR bearing no. 851/2020 registered at Police Station Mohan Garden, Delhi for offence punishable under Sections 498A/406/34 of IPC against the petitioners. It is stated that during the pendency of the present case, with the intervention of family and relatives, both the parties had amicably settled all their disputes before the Mediation Centre, Dwarka Courts, New Delhi vide Settlement Deed dated 16.09.2021 and had obtained decree of divorce by way of mutual consent from the concerned Court.
8. On a query made by this Court, the 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, volition and without any coercion, pressure or threat. It is also stated by respondent no. 2 that the entire dispute has been amicably settled between the parties before the Mediation Centre, Dwarka Courts, New Delhi vide Settlement Deed dated 16.09.2021 and had obtained decree of divorce from the concerned Court.
9. 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 petitioner no.1 and other family members.
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 22/10/2023 at 02:35:33
10. As per settlement, petitioner no. 1 had paid a sum of Rs. 7,00,000/- to respondent no. 2 in three instalments in the following manner:
a. First installment of Rs. 3,00,000/- paid to respondent no. 2 at the time of settlement.
b. Second installment of Rs. 2,00,000/- paid to respondent no. 2 at the time of first motion petition under Section 13B (1) of Hindu Marriage Act.
c. Third/Final installment of Rs. 2,00,000/- paid at the time of second motion petition under Section 13B(2) of the Hindu Marriage Act.
11. Today, the complainant who is present in Court states that she has received all the amounts due to her and has no objection if the FIR is quashed.
12. In view of the above facts that the parties have amicably resolved their differences out of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the above mentioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.
13. Accordingly, FIR bearing no. 851/2020 registered at Police Station Mohan Garden, Delhi for offence punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.
14. In view of above, the present petition stands disposed of.
15. The order be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J OCTOBER 19, 2023/kd 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 22/10/2023 at 02:35:33