Sh Shubham Singhal& ORS. v. The State Govt. Of NCT Of Delhi And ANR.
$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 724/2024 SH SHUBHAM SINGHAL& ORS.
..... Petitioners Through:
Mr Yogesh Goel and Mr Yesh Pal Saini, Advocates along with petitioners in person.
versus THE STATE GOVT. OF NCT OF DELHI & ANR...... Respondents Through:
Mr Raj Kumar, APP for the State with SI Munish Kumar, PS North Rohini.
Mr Inderjeet, Advocate along with respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 30.01.2024 CRL.M.A. 2899/2024 1.
Allowed, subject to all just exceptions.
CRL.M.C. 724/2024 2.
The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.0259/2021 under Sections 323/354/354(B)/506/509/34 IPC registered at Police Station North Rohini, Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.
3.
Issue notice. The learned APP for the State accepts notice. He submits that since the FIR is an outcome of a matrimonial dispute and the parties The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
have arrived at a settlement, the State has no objection in case the FIR in question is quashed.
4.
The petitioner no.1 (former husband), and petitioner nos.2 to 4, who are close relatives of the petitioner no.1, as well as, respondent no. 2 (former wife) are present in the Court and they have been identified by their respective counsel and by the Investigating Officer SI Munish Kumar, PS North Rohini.
5.
The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 19.07.2018 according to Hindu Rites and Customs. Out of the said wedlock, one girl child, namely, Prishu was born, who is in the care and custody of the petitioner no.1. 6.
On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 11.01.2021. The dispute between the parties also led to the registration of present FIR. 7.
During the pendency of the proceedings, the parties were referred to the Delhi Mediation Centre, Rohini District Courts, Delhi where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 22.07.2023, a copy of which is annexed as Annexure-P2 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 10.10.2023, a copy of which is annexed as Annexure-P4 to the present petition.
9.
The parties also entered into a separate Memorandum of Understanding-cum-Compromise Deed dated 18.08.2023, a copy of which is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
annexed as Annexure P-3 to the present petition. In the said MoU, the parties decided to settle all their pending disputes and cooperate with each other in quashing of the cross FIRs.
10.
The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.
11.
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.
12.
It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 13.
Consequently, the petition is allowed and the FIR No.0259/2021 under Sections 323/354/354(B)/506/509/34 IPC registered at Police Station North Rohini alongwith all other proceedings emanating therefrom, is quashed.
14.
The petition stands disposed of in the above terms. 15.
Order be uploaded on the website of this court. VIKAS MAHAJAN, J JANUARY 30, 2024 MK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.