Sonu Kumar & Ors. Vs State NCT of Delhi & Anr.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.M.C. 10161/2024

SONU KUMAR & ORS. .....Petitioners Through: Mr. Sonu Kumar, Ms. Urmila Devi, Ms. Shail Kumari, Ms. Sanjana, Mr. Jai Kishan and Ms. Mohini, Advocates versus

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STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. AmanUsman, APP for the State with SI Satyaveer Singh and W/SI Mamta, PS Dabri Mr. Amit Khanna, Advocate for R-2 with R-2 in person

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CORAM:

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HON'BLE MR. JUSTICE VIKAS MAHAJAN

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O R D E R % 06.02.2025

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The matter is taken up today as 05.02.2025 was declared a holiday on account of General Elections, 2025 in Legislative Assembly of NCT of Delhi.

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The present petition has been filed under Section 528 of BNSS, 2023 seeking quashing of FIR No. 572/2023 under Sections 498A/406/34 IPC registered at Police Station Dabri, New Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

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Issue notice. The learned APP for the State accepts notice. He submits

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This is a digitally signed order.

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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 13/02/2025 at 12:43:30

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that since the FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed.

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The petitioner no.1 (former husband) and petitioner nos. 2 to 5 who are close relatives of petitioner no. 1 as well as the respondent no. 2 (former wife) are present in Court. They have been identified by their respective counsel as well as by the Investigating Officer/ SI Satyaveer Singh, Police Dabri, New Delhi.

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The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 16.02.2021 according to Hindu Rites and Customs. 6. On account of temperamental issues certain disputes arose between the parties and the respondent no. 2 started living separately w.e.f. 04.08.2022. The dispute also led to the registration of aforesaid FIR.

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During the pendency of proceedings, the parties were referred to mediation at Counselling Cell, Family Courts, South-West District, Dwarka, Delhi where the parties arrived at a settlement and the terms of the said settlement were recorded in the form of Settlement dated 02.07.2024, a copy of which is annexed as Annexure-P3 to the present petition. 8. In terms of the said settlement, the parties decided to dissolve their marriage by filing a petition for divorce by way of mutual consent. Accordingly, the petitioner no.1 and respondent no.2 have obtained a decree of divorce dated 11.09.2024, which is annexed as Annexure-P4 to the present petition.

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It is also a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs. 11,00,000/- to the respondent

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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 13/02/2025 at 12:43:30

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no.2 towards full and final settlement of all her claims regarding maintenance, dowry, streedhan , permanent alimony etc. Petitioner no. 1 has already paid a sum of Rs. 8,00,000/- to the respondent no. 2. The balance amount of Rs. 3 lakhs has been paid to respondent no. 2 today in Court. The receipt of entire amount is acknowledged by the respondent no.2, who is present in court.

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The respondent no.2 who is present in Court, on a query posed by the Court, states that she has no objection in case the FIR is quashed.

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In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

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It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.

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Consequently, the petition is allowed and the FIR No. 572/2023 under Sections 498A/406/34 IPC registered at Police Station Dwarka, South West, New Delhi alongwith all other proceedings emanating therefrom, is quashed. 14. The petition stands disposed of in the above terms.

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VIKAS MAHAJAN, J

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FEBRUARY 6, 2025 ‘ rs’

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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 13/02/2025 at 12:43:30

Sonu Kumar & Ors. v. State NCT of Delhi & Anr.

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Sonu Kumar & Ors. v. State NCT of Delhi & Anr.

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