✦ High Court of India · 30 Apr 2025

Ms. Alka Singh, Ms. Harshita Srivastav, Mr. Anil Prabhakar, Ms. Vinita, Ms. Meenakshi Bajaj v. STATE NCT OF DELHI AND ANR

Case Details High Court of India · 30 Apr 2025
Court
High Court of India
Decided
30 Apr 2025
Length
1,022 words

Cited in this judgment

Through: Mr. Satish Kumar, APP for State with IO/SI Vikas Bhardwaj and IO/SI Yogesh Kumar, P.S. M.S. Park, Delhi. Mr. Sunil Kumar, Adv. for R-2 along with R-2 in person. CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J (ORAL) CRL.M.A. 4846/2025 (Exemption) 1. 2. Application stands disposed of. Allowed, subject to all just exceptions. CRL.M.C. 1066/2025 3. The present petition under Section 528 of the Bharatiya Nagarik Signature Not Verified CRL.M.C. 1066/2025 Digitally Signed By:NEELAM Signing Date:01.05.2025 15:36:45 Suraksha Sanhita, 2023 (BNSS) has been filed seeking quashing of FIR No. 524/2021 (“subject FIR”) for the offences punishable under Section 498A, 406, 354A and 509 Indian Penal Code, 1860 (IPC) registered at Police Station M.S. Park, Delhi. 4. 5. Issue notice. Notice is accepted by Mr. Satish Kumar, the learned APP appearing for the State, and by Mr. Sunil Kumar, the learned counsel for respondent no.2/complainant. 6. Briefly stated, the facts of the present case are that the petitioner No. 1 and respondent No. 2 got married on 03.08.2017 as per Hindu Rites and customs. However, over time, matrimonial differences arose between them. On 01.04.2021, the respondent No. 2 submitted a written complaint to the CAW Cell, Seemapuri, Delhi, alleging harassment and other offences. Pursuant thereto, aforementioned FIR was registered against petitioner No. 1 and his family members. 7. Upon completion of investigation, the police filed a Charge Sheet on 28.10.2023. The case was registered as CC No. 640/2021. In parallel, the respondent No. 2 initiated proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005. However, during the pendency of these proceedings, the parties arrived at an amicable resolution. 8. A settlement deed was executed between the parties on

02.05.2024, whereby they agreed to dissolve their marriage and Signature Not Verified CRL.M.C. 1066/2025 Digitally Signed By:NEELAM Signing Date:01.05.2025 15:36:45 withdraw all pending disputes. Pursuant to the settlement, a joint petition for divorce by mutual consent was allowed by the Family Court, Shahdara, the first motion being on 31.05.2024 and second motion on 19.09.2024. 9. As per the terms of settlement, petitioner No. 1 agreed to pay a total sum of 5,00,000/- to respondent No. 2. Of this, 1,00,000/- was paid at the time of the first motion, and ₹ motion. The remaining 2,00,000/- at the second ₹ 2,00,000/- is to be paid at the time of ₹ recording of statements in the present petition seeking quashing of the ₹ FIR. 10. The complainant/respondent no.2 through appearing physically submits that as per the terms of the settlement deed dated 02.05.2024, she has received a total amount of Rs. 5,00,000/- from the petitioner no. 1 as full and final settlement. Of all her claims including maintenance (past, present and future), permanent alimony in three (03) installments. 11. The settlement between the parties and the identification has been done before the Joint Registrar (Judicial) vide the Order dated

03.04.2025. 12. In view thereto, the respondent no. 2 has received the entire sum of Rs. 5,00,000/- as full and final settlement, and their marriage has been dissolved by way of mutual consent decree dated 19.09.2024 passed by the learned Judge, Family Court, Karkardooma Courts, New Delhi in HMA No. 1711/2024 under Section 13 (B) of the Hindu Signature Not Verified CRL.M.C. 1066/2025 Digitally Signed By:NEELAM Signing Date:01.05.2025 15:36:45 Marriage Act, 1955 and no other litigation remains pending between the parties. 13. The petitioners are present in court and respondent no. 2/complainant is present physically. They have also been identified by their respective counsels and the I.O. The report of the Joint Registrar (Judicial) vide the Order dated 03.04.2025 has also been perused. 14. The learned counsel for the parties submit that in pursuance to the settlement, the parties have withdrawn the respective litigations filed by them. 15. The Court has also queried from the respondent no. 2, who confirms that the Settlement/Agreement dated 02.05.2024 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 has received a sum of Rs. 5,00,000/- from the petitioner no.1 as full and final settlement, in compliance of the terms of the said Settlement/Agreement. The respondent no. 2 also confirms that she has received the aforesaid amount of alimony and all aspects of the settlement have now been performed. The respondent no. 1 also confirms all the contents of the settlement. 16. Mr. Satish Kumar, the learned APP appearing for the State affirms that the State has no objection to the subject FIR being quashed. 17. In these circumstances, in line with the law laid down by the Signature Not Verified CRL.M.C. 1066/2025 Digitally Signed By:NEELAM Signing Date:01.05.2025 15:36:45 Supreme Court in Gian Singh vs. State of Punjab & Anr.: (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr.: (2014) 6 SCC 466, this Court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. In light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be a futile exercise and would not be conducive to peace and harmony between the parties. 18. Accordingly, FIR No. 524/2021 dated 11.12.2021 registered at the Police Station M.S. Park, Delhi under Sections 498A, 406, 354A and 509 of the IPC is hereby quashed. All proceedings arising therefrom also stand closed. 19. Accordingly, the petition as well as pending application stands disposed of. APRIL 30, 2025/sds/FRK Click here to check corrigendum, if any SHALINDER KAUR, J Signature Not Verified CRL.M.C. 1066/2025 Digitally Signed By:NEELAM Signing Date:01.05.2025 15:36:45

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