Delhi High Court - Orders
Ashok Kumar And Ors vs State (Nct Of Delhi) And Anr on 24 April, 2023
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 531/2023, CRL.M.A.No.2124/2023
ASHOK KUMAR AND ORS
..... Petitioners
Through: Mr.Sameer Chandra, Mr.Yash Kriti
Kumar Bharti, and Mr.Keshav Roy,
Advocates with petitioners.
versus
STATE (NCT OF DELHI) AND ANR ..... Respondents
Through: Mr.Mukesh Kr, APP for the State
with SI Rima Raj, PS Dwarka North.
Mr.P.K.Bhardwaj, Mr.Anshu
Bhardwaj, and Mr.Ravi Kumar,
Advocates for R2 with R2 in person.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 24.04.2023
1. Petitioners file this petition for quashing of the FIR No.964/2015 under Section 406/498A/34 Indian Penal Code registered at police station Dwarka North, Delhi against them and the proceedings emanating therefrom.
2. The marriage between the petitioner No.1 and complainant/ respondent No.2 was solemnized on 09.05.2002 according to Hindu rites and ceremonies at Delhi. From this wedlock, one boy Piyush born in the year 2003, who is now major and living with petitioner No.1; one girl Raashi born in the year 2007 is living in care and custody of respondent No.2. However, due to matrimonial discord, the couple could not live together and are living separately since 14.03.2015. On 14.06.2015, the respondent No.2 returned to her matrimonial home and a quarrel took place and FIR No.482/2015 under Section 323/341/506/34 IPC was registered at Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:25.04.2023 15:52 police station Kapeshera wherein Section 325 IPC was also added. On 17.11.2015 cross FIR No.485/2015 under Section 323/341/354/34 IPC was registered against respondent No.2 and her family members wherein Section 354B/506/509 IPC were added. Subsequently, on the complaint of respondent No.2 aforesaid FIR was registered against the petitioners. During the pendency of proceedings, the parties has settled per settlement agreement dated 26.03.2021. Pursuant to settlement, the petitioner No.1 has agreed to pay Rs.15,000/- per month to respondent No.2 and minor daughter towards their maintenance on each 15th day of month from March 2021, which is being paid to respondent No.2 till date.
3. The respondent No.2 along with her daughter is living in property bearing No.103 Ambedkar Colony, Bijwasan, Delhi and utility bills are being paid by respondent No.2. The title documents are already in the name of respondent No.2 and original documents shall be handed over to her by petitioner No.1 within two weeks from today. The respondent No.2 can dispose of the property only with the consent of her both children, as agreed.
4. The parties present today in Court assert they shall abide by each and every term of settlement as set out in MOU dated 26.03.2021.
5. The complainant/respondent No.2 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. The learned APP for the State has also no objection, if this petition is allowed. The affidavits of parties are on record.
6. Considering the above settlement between the parties, there is no impediment in quashing of the FIR as complainant has settled all the disputes with the petitioners. In view of the above, there is no use to Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:25.04.2023 15:52 continue with the proceedings against petitioners as it would never entail in conviction of petitioners.
7. Accordingly, the petition is allowed. Consequently, FIR No.964/2015 under Section 406/498A/34 Indian Penal Code registered at police station Dwarka North, Delhi and the proceedings emanating therefrom are quashed, subject to receiving of the original title documents by respondent No.2 of property No.103, Ambedkar colony, Bijwasan, Delhi within two weeks from today from the petitioner No.1. The above settlement would not affect the lawful rights/claims of minor girl which she may exercise, in future, against any of the parties. Pending application, if any, also stands disposed of. No order as to costs.
YOGESH KHANNA, J.
APRIL 24, 2023 M Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:25.04.2023 15:52