High CourtsSingle Bench(2022) 09 DEL CK 0784

Ankur Parashar & Ors. vs The State (Not Of Delhi) & Anr.

Delhi High Court · Decided on 28 September 2022

HON’BLE JUDGES
Purushaindra Kumar Kaurav, J
RESULT
Disposed Of
CASE NUMBER
CRL.M.C. 446/2020, W.P.(CRL) 185/2022 and W.P.(CRL) 189/2022

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Judgment

10 paragraphs · 409 words
1.

By way of the present petitions, the petitioners seek quashing of FIR No. 399/2017 under Sections 498-A/406/34 of the IPC registered at Police Station Govindpuri, FIR No.77/2020 under Sections 325/341/506/34 of the IPC and FIR No.47/2020 under Sections 325/341/34 of the IPC both registered at Police Station Saket, Delhi and the proceedings emanating therefrom.

2.

The present FIRs is outcome of a matrimonial dispute. The wife Shri Omeshwari D/o Mahesh Kumar Sharma in FIR No.399/2017 against her husband and in-laws. FIR No.77/2022 is lodged by Ankur (husband) against his wife and father in-law. FIR No.112/2021 is lodged by father of Omeshwari against the

3.

The petitioners and respondent Nos. 2 are present in the court and they have been identified by the Investigating Officer.

4.

During the pendency of the petitions, the parties have entered into an amicable settlement and have decided not to proceed with any of the FIR. The entire settlement has been arrived at between the parties.

5.

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 MOU/Settlement vide Memorandum of Understanding dated 10.02.2021 (Annexure B) and it was agreed that amount of Rs.70,00,000/- will be paid to Mrs. Omeshwari towards all her claims regarding permanent alimony past/present/future and Maintenance Stridhan etc.

6.

The statement and undertaking given on behalf of the parties are taken on record and they are held bound by the same.

7.

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 matters of B.S. Joshi & Ors v. State of Haryana & Anr1, 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.

8.

Hence, the FIR No. 399/2017 under Sections 498-A/406/34 of the IPC registered at Police Station Govindpuri, FIR No.77/2020 under Sections 325/341/506/34 of the IPC and FIR No.47/2020 under Sections 325/341/34 of the IPC both registered at Police Station Saket, Delhi and the proceedings emanating therefrom are hereby quashed.

9.

The petition is accordingly disposed of alongwith pending application.

Footnotes

  1. 1.(2003) 4 SCC 675
  2. 2.(2012) 10 SCC 303
  3. 3.(2013) 4 SCC 58