Delhi High Court - Orders
Sh. Charanjeet Singh & Ors vs The State Gnct Of Delhi & Anr on 22 September, 2022
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2246/2022 and Crl.MA.No.19376/2022
SH. CHARANJEET SINGH & ORS.
..... Petitioner
Through: Mr.Vivek Kumar Verma, Advocate
with petitioners.
versus
THE STATE GNCT OF DELHI & ANR
..... Respondent
Through: Mr.Anand V Khatri, ASC, Mr.Vipul
Kumar Dahiya and Ms.Meeta
Sharma, Advocates for the State with
SI Pramod Kumar, PS Sagarpur.
Ms.Prabha Sharma, Advocate for R2/
complainant with R2 in person.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 22.09.2022
1. Petitioners file this petition for quashing of the FIR No.531/2018 under Section 498A/34 Indian Penal Code registered at police station Sagarpur against them and the proceedings emanating therefrom.
2. The marriage between the petitioner No.1 and complainant/ respondent No.2 was solemnized in April 2016. No child is born from this wedlock. However, due to matrimonial discord, the couple could not live together and on the complaint of respondent No.2 this FIR was registered against the petitioners. However during the pendency of proceedings, the petitioner No.1 and respondent No.2 have settled the disputes per settlement deed dated 02.12.2019 before Family Courts, Patiala House Courts, New Delhi. The parties have also obtained divorce by mutual consent. Pursuant to above settlement, the petitioner No.1 has agreed to make payment of Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:23.09.2022 17:23 Rs.40,000/- to respondent No.2 towards all her claims of alimony, maintenance - past, present and future, stridhan, and dowry articles etc. The said amount has already been paid to respondent No.2 and nothing is due towards the petitioner No.1 or his family members.
3. 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 ASC for the State has also no objection, if this petition is allowed. The affidavits of parties are on record.
4. Considering the above settlement between the parties, there is no impediment in quashing of the FIR as complainant has settled all the disputes and has received the settled amount from the petitioners. In view of the above, there is no use to continue with the proceedings against petitioners as it would never entail in conviction of petitioners.
5. Accordingly, the petition is allowed. Consequently, FIR No.531/2018 under Section 498A/34 Indian Penal Code registered at police station Sagarpur and the proceedings emanating therefrom are quashed. Pending application, if any, also stands disposed of. No order as to costs.
YOGESH KHANNA, J.
SEPTEMBER 22, 2022 M Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:23.09.2022 17:23