Abhiskek Nath And ORS v. State Govt Of NCT Of Delhi And ANR.

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1296/2024 ABHISKEK NATH AND ORS.

..... Petitioners Through:

Mr. Manish Kumar Vikkey, Advocate along with petitioners in person.

versus STATE GOVT OF NCT OF DELHI AND ANR. ..... Respondents Through:

Mr. Satish Kumar, APP for State with SI Sadhna, P.S. Mangolpuri, Delhi.

Mr. Loveleen Kaithwas, Ms. Neha Kumari Singh, Advocates for R-2.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 16.02.2024 CRL.M.A. 5093/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 1296/2024 3.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioners praying for quashing of FIR bearing No.589/2016 registered at Police Station Mangolpuri, Delhi for offences punishable under Sections 498A/406/34 of the Indian Penal Code. 4.

Notice. Mr. Satish Kumar, learned APP accepts notice on behalf of the State.

5.

All the petitioners are present before this Court and has been The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

identified by their counsel Mr. Manish Kumar Vikkey and Investigating Officer (IO) SI Sadhna from Police Station Mangolpuri, Delhi. 6.

On a query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent No.2 that the entire dispute has been amicably settled between the parties before Delhi Mediation Centre, Rohini District Courts, Delhi on 29.06.2019.

7.

It is submitted that respondent no.2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with petitioner No.1 and other family members. 8.

The petitioner no. 1 had paid a sum of Rs.2,25,000/- in three installments in the following manner:

a. First installment of Rs.1 Lakh deposited was paid to respondent no. 2 at the time of first motion petition.

b. Second installment of Rs.1 Lakh paid to respondent no. 2 at the time of recording of the statement of the second motion petition. c. Third/Final instalment of Rs.25,000/- to be paid at the time of quashing of the FIR before the Hon‟ble High Court at New Delhi. 9.

The complainant who is present in Court states that she has received the last and final instalment of Rs.25,000/- today, i.e., 16.02.2024 vide DD No.028801 drawn on ICICI Bank, Sunder Nagar, New Delhi dated 16.02.2024 and has no objection, if the FIR is quashed. 10.

In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 11.

Accordingly, FIR bearing No.589/2016 registered at Police Station Mangolpuri, Delhi for offences punishable under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom are quashed. 12.

The petition stands disposed of.

13.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J FEBRUARY 16, 2024/hs Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.