Delhi High Court - Orders
Sh. Sharad Vasisht & Ors vs State Of Nct Of Delhi & Anr on 12 August, 2021
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1514/2021
SH. SHARAD VASISHT & ORS. ..... Petitioner
Through : Mr.Anil Kumar Gupta, Advocate.
versus
STATE OF NCT OF DELHI & ANR. ..... Respondent
Through : Mr.Ranbir Singh Kundu, ASC for the
State with SI Anand Pratap Singh, PS
Laxmi Nagar.
Mr.Pradeep Sharma, Advocate for
complainant with complainant in
person.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 12.08.2021
1. The hearing has been conducted through Video Conferencing.
CRL.M.A. 12716/20212. Exemption allowed, subject to all just exceptions.
3. The application stands disposed of.
W.P.(CRL) 1514/2021
4. This Writ petition is filed for quashing of FIR No. 245/2019 under Sections 406/498-A/34 IPC registered at police station Laxmi Nagar, East District, New Delhi and the proceedings emanating therefrom.
5. The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 11.02.2016 as per Hindu Rites and Customs. However because of temperamental differences the petitioner no.1 and respondent no.2 since 02.10.2017 started living separately from each other. The respondent No.2 lodged a complaint against the petitioners at CAW Cell, Patparganj, Delhi which culminated into present FIR.
6. On 02.01.2018 the petition under Section 12 of Prevention of Women from Domestic Violence Act was filed against petitioner No.2 before Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:12.08.2021 16:07 learned MM Mahila Court, Karkardooma Delhi. On 28.02.2018 petition under Section 125 Cr.P.C. was filed for maintenance before Family Court, Karkardooma, Delhi. On 03.04.2018 petition under Section 12 of Guardian and Wards Act was filed before learned PJFC East, Karkardooma, Delhi.
7. On 12.12.2020 a settlement has been arrived at between the parties before Delhi Mediation Centre, Karkardooma Courts, Delhi and per said settlement the petitioner no.1 had agreed to pay an amount of Rs.20.00 lacs to the respondent no.2/wife towards full and final settlement of all her claims including istridhan, permanent alimony and maintenance-present, past and future. On 01.05.2021 the marriage of petitioner No.1 and respondent No.2 was dissolved.
8. The complainant/respondent No.2 is present today and has been duly identified by the Investigating Officer, states the matter has been settled with the petitioners and she has no objection if the FIR is quashed against the petitioners. The learned ASC for the State also has no objection, if this petition is allowed.
9. Considering the above settlement between the parties, there is no use to continue with the proceedings of the present FIR as it would never entail in conviction of petitioners.
10. Accordingly, the petition is allowed. Consequently, FIR No. 245/2019 under Sections 406/498-A/34 IPC registered at police station Laxmi Nagar, East District, New Delhi and the proceedings emanating therefrom are quashed. Pending application(s), if any, also stands disposed of.
YOGESH KHANNA, J.
AUGUST 12, 2021/DU Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:12.08.2021 16:07