Delhi High Court - Orders
Sh. Ravinder Rawat @ Ravinder And Others vs The State And Another on 30 May, 2024
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4628/2024
SH. RAVINDER RAWAT @ RAVINDER AND OTHERS
..... Petitioners
Through: Petitioners with their counsel Mr.
Rahul Tandon, Adv.
versus
THE STATE AND ANOTHER ..... Respondents
Through: Mr. Naresh Kumar Chahar, APP for
the State with Mr. Jasir Aftab & Md.
Hedayatullah, Advocates along with
ASI Sanjeev Kumar, P.S. Roop
Nagar.
R-2 with her counsel Mr. Amit Negi,
Adv.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 30.05.2024 CRL.M.A. 17349/2024 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CRL.M.C. 4628/20241. 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. 757/2021, registered at Police Station Burari, Delhi for the offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC') and all consequential proceedings emanating 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 03/06/2024 at 22:51:25 therefrom.
2. Issue notice. Mr. Naresh Kumar Chahar, learned APP accepts notice on behalf of State and Mr. Amit Negi, Advocate accepts notice on behalf of respondent No.2.
3. All the petitioners are present before this Court and have been identified by their counsel Mr. Rahul Tandon and Investigating Officer (IO) ASI Sanjeev Kumar from Police Station Swaroop Nagar, Delhi.
4. Brief facts of the present case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 02.07.2018 as per Hindu rites and Ceremonies. It is stated that one male child namely Master Aarav was born from the wedlock on 25.05.2020. It is stated that due to temperamental differences, both the parties started living separately from each other since 07.03.2020. On the complaint of respondent no. 2, the present FIR was registered on 10.09.2021 against the petitioners for offence punishable under Sections 498A/406/34 of IPC. It is stated that during the pendency of the case, both the parties have amicably settled all their disputes before Delhi Mediation Centre, Tis Hazari Courts, Delhi on 08.06.2023 and dissolved their marriage by way of mutual consent.
5. On a query made by this Court, 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 and without any pressure, coercion or threat. It is also stated by respondent no.2 that the entire dispute has been amicably settled between the parties before Delhi Mediation Centre, Tis Hazari Courts, Delhi on 08.06.2023 and affidavit showing the protection of interest of minor children as per the judgment titled as Ganesh vs. Sudhirkumar Shrivastava, (2020) 20 SCC 787 passed by the Hon‟ble 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 03/06/2024 at 22:51:25 Supreme Court has been filed in Court today and the same is taken on record.
6. 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.
7. As per the settlement agreement, the petitioner no. 1 had to pay a sum of Rs. 3,00,000/- in four installments in the following manner:
a. First installment of Rs. 50,000/- paid to respondent no. 2 at the time of withdrawal of petitioner under Section 125 Cr.PC.
b. Second instalment of Rs.50,000/- paid to respondent No. 2 at the time of recording statements in the first motion petition u/s 13B(1) of HMA.
c. Third installment of Rs. 1,00,000/- paid to respondent no. 2 time of recording statements in the second motion petition u/s 13B(2) of HMA.
c. Fourth /Final instalment of Rs. 1,00,000/- to be paid at the time of quashing of the FIR before the Hon‟ble High Court at New Delhi.
8. Today, the complainant who is present in Court states that she has received the last and final instalment of Rs. 1,00,000/- today, i.e., 30.05.2024 vide DD No. 920862 drawn on Punjab National Bank, NSIC Bhawan, Okhla Industrial Estate, New Delhi and has no objection, if the FIR is quashed.
9. In view of the above fact that the parties have amicably resolved their differences 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 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 03/06/2024 at 22:51:26 to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.
10. Accordingly, FIR bearing no. 757/2021, registered at Police Station Burari, Delhi for the offences punishable under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom are quashed.
11. In view of above, the petition stands disposed of.
12. The order be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J MAY 30, 2024/A 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 03/06/2024 at 22:51:26