Delhi High Court - Orders
Sh Satish Kumar & Ors vs The State Govt Of Nct Of Delhi & Anr on 25 February, 2021
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 615/2021
SH SATISH KUMAR & ORS. ..... Petitioners
Through Mr. Manoj Kumar Tomar, Advocate
versus
THE STATE GOVT OF NCT OF DELHI & ANR. ..... Respondents
Through Ms. Meenakshi Chauhan, APP for the
State with SI Vikas PS Bindapur
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 25.02.2021 HEARD THROUGH VIDEO CONFERENCING CRL.M.A. 3039/2021 (Exemption) Allowed, subject to all just exceptions.
CRL.M.C.615/20211. The present petition under Section 482 of the Code of Criminal Procedure (Cr.P.C.) has been filed for quashing FIR No.921/2017 dated 19.12.2017, for offences under Sections 498-A, 406 read with 34 IPC registered at Police Station Bindapur, Dwarka, New Delhi. The present proceedings arise out of a matrimonial dispute between the parties. The respondent No.2 is the complainant, the petitioner No.1 is the husband of the complainant, the petitioner No.2 is the mother-in-law of the complainant and the petitioner No.3 is the father-in-law of the complainant.
2. It is stated that the parties have entered into a settlement and have amicably resolved their disputes. It is stated that in terms of the settlement, CRL.M.C.615/2021 Page 1 of 3 the parties filed a petition being 395/2020 dated 11.02.2020 for divorce by mutual consent before the Judge, Family Courts, Dwarka, New Delhi. By virtue of a judgment and decree dated 11.02.2020, the marriage between the complainant/respondent No.2 and the petitioner No.1/husband stands dissolved by mutual consent. It is further stated in the petition that under the settlement, the petitioner No.1/husband has agreed to pay a total sum of Rs.2,65,000/- to the complainant/respondent No.2 towards the full and final settlement of all her claims. Out of the said sum of Rs.2,65,000/-, the respondent No.2/complainant has received a sum of Rs.1,00,000/- from the petitioner No.1 at the time of first motion. Rs.1,00,000/- has been received by the respondent No.2/complainant from the petitioner No.1 at the time of second motion.
3. The complainant/respondent No.2 has also filed an affidavit (page No.15 of the paper book) affirming the fact that the claims and grievances of the complainant against the petitioners in the abovementioned FIR stands settled. It is also stated that the complainant does not have any objection if the FIR against the petitioners is quashed as she has already settled her claims due to her.
4. Today, parties have joined the proceedings through Video Conferencing. The parties have been identified by their respective counsel and the IO who has also joined the proceedings through Video Conferencing. The complainant/respondent No.2 states that she has settled all her matrimonial disputes with the petitioner No.1 out of her own free will, without pressure, coercion or undue influence and states that she does not want to pursue with the present case any further. She states that Rs.65,000/- has been received by her from the petitioner No.1 today in the CRL.M.C.615/2021 Page 2 of 3 proceedings and requests that the present FIR and the proceedings emanating therefrom may be quashed. The parties undertake that they will remain bound by the terms of the settlement arrived at between them before the Family Court and the proceedings recorded before this Court.
5. The parties who are present through Video Conferencing understand the implication of the present proceedings. In view of the settlement arrived at between the parties, this court is of the opinion that no useful purpose will be served in prosecuting with the present proceedings. Resultantly, FIR No.921/2017 dated 19.12.2017, for offences under Sections 498-A, 406 read with 34 IPC registered at Police Station Bindapur, Dwarka, New Delhi and the proceedings emanating therefrom are hereby quashed. The parties shall remain bound by the terms of the settlement and the undertaking given to the Court.
6. The petition stands disposed of in above terms.
SUBRAMONIUM PRASAD, J.
FEBRUARY 25, 2021 Rahul CRL.M.C.615/2021 Page 3 of 3