Naresh Kumar And Another v. The State And Another

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1875/2023 NARESH KUMAR AND ANOTHER ..... Petitioners Through:

Mr. S.D. Pushkar, Advocate with petitioners in person versus THE STATE AND ANOTHER ..... Respondents Through:

Mr. Nawal Kishore Jha, APP for State with SI Suman Singh PS North Rohini, Delhi.

Respondent No.2 through VC.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 02.02.2024 1.

The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 0419/2017 registered under Sections 498-A/406/34 IPC at P.S. Rohini North, Delhi on the ground that the parties have amicably settled their disputes. 2.

The present FIR is an outcome of a matrimonial dispute between the complainant/respondent No. 2 (wife) and petitioner No. 1 (husband) and petitioner No. 2 is the mother-in-law of the complainant. 3.

Mr. Nawal Kishore Jha, learned APP for the State submits that in the present case petitioners are the only accused persons and respondent No. 2 is the only complainant/victim.

4.

Learned counsel for the petitioners submits that the parties have settled their disputes before the Family Court on 23.07.2019. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 05.04.2021 passed by the Family Court, North The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 10:32:44

West District, Rohini Courts, New Delhi in HMA No. 315/2021. He further states that there is a minor child out of the wedlock who is in the custody of respondent No.2. He further states that though there is a settlement between the parties dated 23.07.2019 however, petitioner undertakes that the same shall not affect the rights of the minor child. The said statement is accepted and is taken on record. The petitioner No.1 and his counsel have also signed the order-sheet in acknowledgment of the same. 5.

Petitioners, who are present in Court, have been identified by their counsel as well as by I.O./ SI Suman Singh PS North Rohini, Delhi. 6.

Respondent No. 2, who has joined the proceedings through VC and is identified by the I.O., states that she has settled her disputes with petitioner No.1 of her own free will, volition and without any coercion. She submits that she has no objection in case the FIR is quashed against the petitioners. 7.

Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

8.

The parties shall remain bound by the statements and undertaking made in Court today.

9.

In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed.

10.

With the above directions, the petition is disposed of alongwith miscellaneous applications.

MANOJ KUMAR OHRI, J FEBRUARY 2, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 10:32:44