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High Court of DelhiCRL.M.C./1542/2024

Parveen Kumar & ORS. v. The State NCT Of Delhi & ANR.

2024-02-26Hon'Ble Mr. Justice Vikas Mahajan3 pages

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1542/2024 PARVEEN KUMAR & ORS.

..... Petitioners Through:

Mr. Manoj, Adv. with petitioners in person versus THE STATE NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Raj Kumar, APP for State with SI Rajiv Kumar Police Station Vijay Vihar Mr. Himanshu, Adv. for R2 with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 26.02.2024 CRL.M.A. 6024/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 1542/2024 3.

The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.1194/2015 under Sections 498A/406/34 IPC and under Section 3 and 4 Dowry Prohibition Act, 1961 registered at Police Station Vijay Vihar, Distt. North West, Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

4.

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 have arrived at a settlement, the State has no objection in case the FIR in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

question is quashed.

5.

The petitioner no. 1 (husband), petitioner nos. 2 - 8, who are close relatives of petitioner no. 1, as well as, respondent no. 2 (wife) are present in the Court and they have been identified by their respective counsel and by the Investigating Officer SI Rajiv Kumar Police Station Vijay Vihar. 6.

The brief facts of the case are that the marriage between the petitioner and respondent no. 2 was solemnized on 10.02.2002 according to Hindu Rites and customs. Out of the said wedlock, two male children namely Nikhil Panwar aged about 20 years and Utsav Kumar aged about 17 years were born.

7.

On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 2014. The dispute between the parties also led to the registration of present FIR. 8.

During the pendency of the proceedings, the parties arrived at a settlement, terms whereof were reduced in writing in the form of compromise deed dated 06.02.2024, which is annexed as Annexure P3 to the present petition.

9.

It has been mentioned in the settlement that the parties have arrived at settlement with the assistance of their respective families and friends. It is also recorded in the settlement that the petitioner no. 1 and respondent no. 2 are now residing together.

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.

Considering the fact that the parties have arrived at a settlement and have started staying together, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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.1194/2015 under Sections 498A/406/34 IPC and under Section 3 and 4 Dowry Prohibition Act, 1961 registered at Police Station Vijay Vihar, Distt. North West, Delhi 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 FEBRUARY 26, 2024 N.S. ASWAL The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.