Delhi High Court - Orders
Nishant Kaushik Ors vs State Of Nct, Delhi on 13 October, 2023
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 7530/2023
NISHANT KAUSHIK ORS ..... Petitioners
Through: Ms. Yashika Suneja, Advocate with
petitioners in person.
versus
STATE OF NCT, DELHI ..... Respondent
Through: Mr. Laksh Khanna, APP for State
with ASI Manoj Kumar, PS M.S.
Park.
Mr. Vinod Sharma, Advocate for R-2
with R 2-in-person.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 13.10.2023
1. 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. 186/2019, registered at Police Station Mansarovar Park, for the offences punishable under Sections 498A/406/34 of Indian Penal Code, 1860 ('IPC') and all consequential proceedings emanating therefrom.
2. Issue notice. Mr. Laksh Khanna, learned APP accepts notice on behalf of the State.
3. Petitioners are present before this Court and have been identified by their counsel Ms. Yashika Suneja and Investigating Officer (IO) ASI Manoj Kumar from Police Station Mansarovar Park.
4. Brief facts of the present case are that petitioner and respondent no. 2 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 16/10/2023 at 14:42:43 got married on 18.04.2017 according to Hindu rites and ceremonies at Ghaziabad. No child was born out of the said wedlock. It is stated that due to some misunderstanding and temperamental differences, both the parties started residing separately since 13.04.2018. It is stated that on the complaint of respondent no. 2, an FIR bearing no. 186/2019 registered at Police Station Mansarovar Park, for offences punishable under Sections 498A/406/34 of IPC against the petitioners. During pendency of the case, both the parties had amicably settled their disputes before the Counselling Cell, Family Courts, Karkardooma, Delhi vide Settlement Deed dated 07.06.2022 and had dissolved their marriage.
5. 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 settled between the parties before the Counselling Cell, Family Courts, Karkardooma, Delhi vide Settlement Deed dated 07.06.2022and had dissolved their marriage by mutual consent.
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 settlement, petitioner had paid a sum of Rs. 8,50,000/- to respondent no. 2 in three installments in the following manner:
a. First installment of Rs.3,00,000/- paid to respondent no. 2 at the time of recording of statements in First motion.
b. Second installment of Rs.3,00,000/- paid to respondent no. 2 at the time of recording of statements in Second motion.
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 16/10/2023 at 14:42:43 c. Third/Final installment of Rs. 2,50,000/- 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 installment of Rs. 2,50,000 through Demand Draft no. 902708 drawn at Canara Bank dated 13.10.2023 and has no objection if the FIR is quashed.
9. 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 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.
10. Accordingly FIR bearing no. 186/2019, registered at Police Station Mansarovar Park, for the offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.
11. The present petition stands disposed of.
12. The order be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J OCTOBER 13, 2023/kd 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 16/10/2023 at 14:42:43