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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.M.C. 4953/2022 & CRL.M.A. 19812/2022

SHYAM KUMAR & ORS.

..... Petitioners

Through:

Mr. Ayush Mittal, Adv. with

petitioners in person.

versus

STATE & ANR.

..... Respondents

Through:

Mr. Ritesh Kumar Bahri, APP for

State with PAI Bindapur.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE TALWANT SINGH

O R D E R

%

27.09.2022

CRL.M.A. 19812/2022 (Exemption)

1. Allowed, subject to all just exceptions.

CRL.M.C. 4953/2022

2. This petition under Section 482 Cr.P.C. has been filed for quashing of

FIR No.29/2018 for offences under Sections 498A/406/354/377/34 IPC,

registered at PS Bindapur and the proceedings emanating therefrom.

3.

The principal ground on which the petition has been filed is that the

respondent No.2/complainant has settled all her disputes amicably with the

petitioners. The settlement was arrived at between the parties on 20.11.2021.

Copy of the settlement before the Delhi Mediation Centre, Rohini District

Court, Delhi dated 20.11.2021 is annexed with the petition (Annexure P-3,

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/004104

of the paper-book).

4. As per the settlement dated 20.11.2021, it is mutually settled between

the parties that complainant/wife and petitioner no.1 shall dissolve their

marriage by decree of divorce by mutual consent without levelling

allegations and counter allegations against each other in accordance with

law before the Court of competent jurisdiction at Delhi.

4.1

It is settled that the petitioner no.1/husband shall pay a total sum of

Rs.2,75,000/- (Rupees Two Lakhs Severity Five Thousand Only) to the

complainant/wife qua all claims of the complainant/wife (past, present and

future) arising out of the marriage with petitioner no.1/husband, which shall

include permanent alimony, Istridhan, maintenance of complainant/wife and

all other miscellaneous expenses. The amount of Rs. 2,00,000/- has already

been paid to complainant/wife and today remaining amount of Rs. 75,000/-

has been paid to her by way of demand bearing no. 423056 dated

29.08.2022 issued by Bank of Baroda, Dwarka Morh, New Delhi -110059.

4.2

Both the parties also undertake not to interfere in the life of each other

in future.

4.3

The complainant wife shall withdraw the present case from the

concerned court after the first motion.

4.4

After compliance of terms of this settlement, there shall remain no

complaint/case/claim/dispute due between the parties and that none of the

parties shall file any civil or criminal proceedings against each other in

future qua the same cause of action and that if any other

case/petition/complaint etc. between the parties is pending in any Court or

Authority either against the parties or against their respective family

members, the same shall be withdrawn/got disposed of by the respective

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/004104

party the same shall be withdrawn/got disposed of by the respective party.

5.

It is to be noted here that apart from usual Sections invoked in

matrimonial disputes, i.e., Sections 498A/406/34 IPC but in the present FIR,

Section 377 and Section 354 IPC have also been invoked. Now the matter

has been settled between the parties and this Court has to take a call as to

whether the FIR in question can be quashed. A co-ordinate bench presided

over by HMJ Subramonium Prasad in CRL.M.C. No. 599/2021 tilted

‘Rifakat Ali & Ors Vs. State & Anr.’ decided on 26.02.2021 has taken the

following view on a quashing petition filed under the similar circumstances:

(2012) 10 SCC 303, the Supreme Court has observed as under:

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/004104

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/004104

In State of M.P. v. Laxmi Narayan & Ors. reported as (2019) 5

SCC 688, the Supreme Court has observed as un