Delhi High Court - Orders
Ritesh Dixit & Ors vs State Govt. Of Nct Of Delhi And Anr on 2 November, 2023
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 3211/2023
RITESH DIXIT & ORS. ..... Petitioners
Through: Mr. Vinod Kumar and Mr. Shashank
Sharma, Advocates
versus
STATE GOVT. OF NCT OF DELHI AND ANR. ..... Respondents
Through: Mr. Anand V. Khatri, ASC for the
State with SI Radha, P.S. Dwarka
North.
Mr. Raghav Luthra, Advocate for R-2
along with R-2.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 02.11.2023 CRL.M.A. 29811/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(CRL) 3211/2023
3. 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. 764/2021, registered at Police Station Dwarka North, Delhi for the offences punishable under Sections 498A/406/34 of Indian Penal Code, 1860 („IPC‟) and all consequential proceedings emanating therefrom.
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 04/11/2023 at 23:51:06
4. Issue notice. Mr. Anand V. Khatri, learned ASC accepts notice on behalf of the State.
5. The petitioners are present through Video Conferencing (VC), as presently they are in United States of America. The Investigating Officer (IO) SI Radha from Police Station Dwarka North, Delhi has identified them. The power of attorney holder of the petitioners is also present.
6. Brief facts of the present case are that petitioner no. 1 and respondent no. 2 got married on 11.12.2017 as per Hindu rites and customs. One child was born out of the said wedlock. It is stated that in Jan-April, 2018, petitioner no. 1 and respondent no. 2 left for USA. It is stated that due to some misunderstanding and temperamental differences, both the parties started residing separately since 14.07.2021. It is stated that on the complaint of respondent no. 2, an FIR bearing no. 764/2021, registered at Police Station Dwarka North, Delhi, for offences punishable under Sections 498A/406/34 of IPC against the petitioners. It is stated that during pendency of the case, both the parties had amicably settled their disputes vide Memorandum of Settlement dated 10.05.2023 and had dissolved their marriage by way of mutual consent.
7. 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 Memorandum of Settlement dated 10.05.2023 and had dissolved their marriage by mutual consent.
8. It is submitted that respondent no. 2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift 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 04/11/2023 at 23:51:06 items and claims of past, present and future maintenance and permanent alimony with petitioner no.1 and other family members.
9. As per settlement, petitioner no. 1 had paid a sum of Rs. 50,00,000/- to respondent no. 2 in three instalments in the following manner:
a. First instalment of Rs.10,00,000/- paid to respondent no. 2 at the time of mediation settlement.
b. Second instalment of Rs.2,50,000/- each at the time of withdrawal of complaint under DV Act as well as maintenance case. c. Third instalment of Rs. 15,00,000/- at the time of recording of her statement in the first motion.
d. Fourth instalment of Rs. 15,00,000/- at the time of recording of her statement in the second motion.
c. Fifth/final instalment of Rs. 5,00,000/- at the time of quashing of the FIR before the Hon‟ble High Court at New Delhi.
10. Today, the complainant who is present in Court states that she has already received the last and final instalment of Rs. 5,00,000/- vide DD No. 259155 drawn on Axis Bank and has no objection, if the FIR is quashed.
11. The affidavit regarding the rights of the child is on record. The learned counsel also draws my attention to para no. 10 of the settlement regarding the rights of the minor child. The custody of the child is with the father and the respondent no.2 i.e. the mother has not visitation rights, the Court has specifically asked her as to whether she is aware of the same, she states that she is aware that no visitation rights having being granted to her as part of the settlement and she has no objection to the same since she has entered into the settlement without any cohesion, pressure or threat.
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 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 04/11/2023 at 23:51:07 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. 764/2021, registered at Police Station Dwarka North, Delhi for the offences 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 NOVEMBER 2, 2023/zp 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 04/11/2023 at 23:51:07