Delhi High Court - Orders
Rajiv Lamba And Ors vs State Through Sho Ps Bindapur And Anr on 26 April, 2024
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~21 to 24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1581/2024
RAJIV LAMBA AND ORS ..... Petitioners
Through: Mr. Arvind Vashistha, Advocate
Versus
STATE THROUGH SHO PS BINDAPUR AND ANR
..... Respondents
Through: Ms. Meenakshi Dahiya, APP for State
with W/SI Usha Rani, CAW Cell and
SI Sudeep Kumar, P.S. Bindapur
Mr. Nikhil Dhiman, Advocate
alongwith respondent No.2 in person.
+ CRL.M.C. 1627/2024
RAJIV LAMBA AND ORS ..... Petitioners
Through: Mr. Arvind Vashistha, Advocate
Versus
STATE THROUGH SHO PS UTTAM NAGAR AND ANR
..... Respondents
Through: Ms. Meenakshi Dahiya, APP for State
Mr. Nikhil Dhiman, Advocate
alongwith respondent No.2 in person.
+ CRL.M.C. 1677/2024
ANKIT & ANR. ..... Petitioners
Through: Mr. Nikhil Dhiman, Advocate
Versus
THE GOVERMENT OF NCT OF DELHI & ANR.
..... Respondents
Through: Ms. Meenakshi Dahiya, APP for State
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 29/04/2024 at 23:45:05
Mr. Arvind Vashistha, Advocate
alongwith respondent No.2 in person.
+ CRL.M.C. 1760/2024
ANKIT & ANR. ..... Petitioners
Through: Mr. Nikhil Dhiman, Advocate
Versus
THE GOVERMENT OF NCT OF DELHI & ANR.
..... Respondents
Through: Ms. Kiran Bairwa, APP for State with
W/SI Neeraj and SI Sudeep Kumar
Mr. Arvind Vashistha, Advocate
alongwith respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
ORDER
% 26.04.2024
1. By way of the present petitions, the petitioners seek quashing of FIR No. 258/2019 under Sections 498A/406/34 IPC registered at Police Station Bindapur, Delhi, FIR No.525/2018 under Sections 354/323/341/354B/509/34 IPC registered at Police Station Uttam Nagar, Delhi, FIR No. 954/2017 under Section 451/323/509/506/34 IPC registered at Police Station Uttam Nagar, Delhi and FIR No. 350/2018 under Sections 354D/506/509/34 IPC registered at Police Station Bindapur, Delhi and the proceedings emanating therefrom.
2. The petitioners and respondents are present in the Court and they have been identified by their respective Counsel as well as by the Investigating Officer.
3. The facts of the case would show that marriage between sister of 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 29/04/2024 at 23:45:05 petitioner No. 1 (Mr. Ankit) and Mr. Rajeev Lamba was solemnized according to Hindu rites and ceremonies on 18.02.2011. A child was born out of the wedlock who is presently in custody of wife of Mr. Rajeev Lamba. Due to temperamental differences, sister of petitioner No. 1 (Mr. Ankit) and Mr. Rajeev Lamba started living separately since 12.09.2015.
4. Learned counsel appearing on behalf of the parties submit that with the intervention of the family members and well wishers, the parties have entered into a settlement vide Settlement Deed dated 04.05.2023 before Mediation Centre, Dwarka Courts, New Delhi. The parties jointly submit that the terms of the settlement have already been acted upon.
5. The balance amount of Rs.3,30,000/- has been paid today to respondent No.2 by way of three FDRs bearing Nos. 22848023, 22848024 & 22848025 amounting to Rs.1,10,000/- each.
7. Respondent No.2, who is present in the Court acknowledges the receipt of the aforesaid amount. She submits that she has entered into the aforesaid settlement with her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed, as she is left with no claim against the petitioners.
8. The statement and undertaking given on behalf of the parties is taken on record and they are held bound by the same.
9. Taking into consideration the overall facts and circumstances of the case and the fact that the parties have arrived at an amicable settlement voluntarily, without any force, therefore, under such circumstances and in view of the law laid down by the Hon'ble Supreme Court in the matter of B.S. 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 29/04/2024 at 23:45:06 Joshi & Ors v. State of Haryana & Anr.1, Gian Singh v. State of Punjab2 and Jitendra Raghuvanshi & ors. v. Babita Raghuvanshi & Anr. 3, there is no reason as to why genuine settlement between the parties of a matrimonial dispute shall not be encouraged.
10. Hence, the FIR No. 258/2019 under Sections 498A/406/34 IPC registered at Police Station Bindapur, Delhi, FIR No. 525/2018 under Sections 354/323/341/354B/509/34, IPC registered at Police Station Uttam Nagar, Delhi, FIR No. 954/2017 under Sections 451/323/509/506/34 IPC registered at Police Station Uttam Nagar, Delhi and FIR No. 350/2018 under Sections 354D/506/509/34 IPC registered at Police Station Bindapur, Delhi and the proceedings emanating therefrom are, hereby, quashed.
11. The petitions are accordingly disposed of.
12. A copy of this order be forwarded to learned Trial Court for information.
13. It is made clear that in view of the dictum of the Hon'ble Supreme Court in the case of Ganesh v. Sudhirkumar Shrivastava and Others4, the terms of settlement between the parties will not come in the way of enforcing the rights of minor child and her rights shall not be adversely affected.
PURUSHAINDRA KUMAR KAURAV, J.
APRIL 26, 2024 p'ma 1 (2003) 4 SCC 675 2 (2012) 10 SCC 303 3 (2013) 4 SCC 58 4 (2020) 20 SCC 787 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 29/04/2024 at 23:45:06