Delhi High Court - OrdersRavi S. Kher & Ors vs State Of Nct Of Delhi & Anr on 19 May, 2021Author:Subramonium PrasadBench:Subramonium Prasad$~3\n*     IN THE HIGH COURT OF DELHI AT NEW DELHI\n+     CRL.M.C. 1222/2021\n      RAVI S. KHER & ORS.                                ..... Petitioners\n                         Through      Mr. Amit Khanna with Mr. Sahil\n                                      Tokas, Advocates\n\n                         versus\n\n      STATE OF NCT OF DELHI & ANR.              ..... Respondents\n                    Through   Ms. Meenakshi Chauhan, APP with\n                              Inspector Asha, PS CWC Nanakpura\n                              Mr. Simranpal Singh Sawhney,\n                              Advocate for the complainant\n                              /respondent    No.2      along   with\n                              complainant - in person.\n\n    CORAM:\n    HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD\n            ORDER%           19.05.2021\nHEARD THROUGH VIDEO CONFERENCING1.     The present petition underSection 482of the Code of Criminal\nProcedure (Cr.P.C.) has been filed for quashing FIR No.121/2013 dated\n31.07.2013 registered at Police Station CWC Nanakpura, New Delhi, for\noffences underSections 498A,406and34IPC. The present FIR is the\nresult of a matrimonial dispute between the parties. The respondent No.2 is\nthe complainant, the petitioner No.1 is the husband of the complainant, the\npetitioner No.2 is the father-in-law of the complainant and the petitioner\nNo.3 mother-in-law of the complainant.2.    The principal ground on which the present petition is filed is that theCRL.M.C. 1222/2021                                                 Page 1 of 3parties have amicably settled their disputes. In terms of the settlement deed\ndated 27.01.2021, arrived at between the parties before Counselling Cell,\nFamily Courts, Dwarka Courts, New Delhi, the parties filed a petition being\nHMA No.1285/2017 for divorce by mutual consent before the Principal\nJudge, Family Courts, South-West Dwarka Courts, New Delhi. By virtue of\na judgment and decree dated 28.03.2019, the marriage between the\ncomplainant/respondent No.2 and the petitioner No.1/husband stands\ndissolved. It is further stated in the petition that under the settlement, the\npetitioner No.1/husband has agreed to pay a sum of Rs.35,00,000/- to the\ncomplainant/respondent No.2 as a full and final settlement of her claims,\nincluding stridhan, alimony, dowry etc.          Out of the said sum of\nRs.35,00,000/-, the petitioner No.1 has paid a sum of Rs.17,50,000/- to the\ncomplainant/respondent No.2 at the time of withdrawal of Case Bearing\nNo.55/2019, titled asRavi S. Kher vs. Chikita Ravi Kher. The balance sum\nof Rs.17,50,000/- was to be paid during the quashing of the present FIR.3.    The complainant/respondent No.2 has also filed an affidavit (page\nNo.121 of the paper book) affirming the fact that the claims and grievances\nof the complainant against the petitioners in the abovementioned FIR stands\nsettled. It is also stated that the complainant does not have any objection if\nthe FIR against the petitioners is quashed as she has already settled her\nclaims due to her.5.    Today, parties have joined the proceedings through Video\nConferencing.    The parties have been identified by the IO and their\nrespective counsel. The learned counsel for the complainant/respondent\nNo.2 states that he has received the last instalment of Rs.17,50,000/- from\nthe petitioner No.1. The complainant states that she has settled all herCRL.M.C. 1222/2021                                                 Page 2 of 3matrimonial disputes with the petitioner No.1 out of her own free will,\nwithout pressure, coercion or undue influence and states that she does not\nwant to pursue with the present case any further and request that the present\nFIR and the proceedings emanating therefrom may be quashed. The parties\nundertake that they shall remain bound by the terms of the settlement arrived\nat between them before the Family Court and the proceedings recorded\nbefore this Court.6.    The parties who are present through Video Conferencing understand\nthe implication of the present proceedings. In view of the settlement arrived\nat between the parties, this Court is of the opinion that no useful purpose\nwill be served in continuing with the present proceedings. Resultantly, FIR\nNo.121/2013 dated 31.07.2013 registered at Police Station CWC\nNanakpura, New Delhi, for offences underSections 498A,406and34IPC\nand the proceedings emanating therefrom are hereby quashed. The parties\nshall remain bound by the terms of the settlement and the undertaking given\nto the Court.7.    Accordingly, the petition is disposed of.SUBRAMONIUM PRASAD, J\nMAY 19, 2021\nRahulCRL.M.C. 1222/2021                                                 Page 3 of 3