Vivek Kumar & Ors v. The State of NCT of Delhi & Anr

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13.11.2024 CRL.M.A.33970/2024 (exemption) Exemption granted, subject to just exceptions. The application stands disposed-of. Crl. M.C. 8886/2024 By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioners, who are the former husband and in-laws of the complainant/respondent No. 2, seek quashing of case FIR No. 618/2021 dated 03.12.2021 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: New Ashok Nagar, Delhi.

¶2The petition is premised on Mediated Settlement dated 26.02.2024 arrived at through mediation before the Delhi Mediation Centre Karkardooma Courts, Delhi; and Divorce Decree dated 06.08.2024, which is the culmination of petitions under sections 13B(1) and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. 13B(2) of the Hindu Marriage Act 1955, whereby the parties had sought dissolution of their marriage by mutual consent.

¶3The petition is supported by affidavits of the petitioners, as also of respondent No. 2, alongwith proof of their IDs.

¶4The petitioners as well as respondent No. 2 are present in court. Their credentials have been verified and they have also been identified by the Investigating Officer.

¶5The parties have confirmed that no child was born from the wedlock.

¶6No appeal is stated to have been filed from the divorce decree.

¶7The court has queried respondent No. 2, who confirms that she has taken divorce by mutual consent; and that a mediated settlement has been entered into between the parties; and that in full-and-final settlement of all her claims including towards maintenance (past,present and future), stridhan, dowry articles, jewellery, permanent alimony, etc., she was to receive a sum of Rs. 5,55,000/- from petitioner No. 1; out of which Rs. 4,55,000/- was paid earlier and Rs. 1,00,000/- has been paid in court today, in compliance of the terms of the mediated settlement. Respondent No. 2 confirms that all aspects of the settlement have now been performed.

¶8Mr. Sanjeev Sabharwal, learned APP confirms that the State has no objection to the subject FIR being quashed.

¶9In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties.

¶10Accordingly, FIR No. 618/2021 dated 03.12.2021 registered under sections 498-A/406/34 IPC at P.S.: New Ashok Nagar, Delhi is quashed. All proceedings arising therefrom also stand closed.

¶11Petition stands disposed-of.

¶12Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J NOVEMBER 13, 2024 ss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + VIVEK KUMAR & ORS. .....Petitioner Through: Mr. Vivek Kumar, Mr. Ram Narayan Tomar and Mr. Rama, Advocates with Petitioner in-person. versus THE STATE OF NCT OF DELHI & ANR. .....Respondent Through: Mr. Sanjeev Sabharwal, APP for the State. Mr. Rajesh Kumar, Advocate. SI Ritika Choudhary, PS New Ashok Nagar CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI