Sh. Harsharan Jit Singh & ORS. v. State & ANR.

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1698/2024 SH. HARSHARAN JIT SINGH & ORS.

..... Petitioners Through:

Ms. Tanu Singhal and Mr. Deepak Kumar, Advs. with petitioners in person (through VC) versus STATE & ANR.

..... Respondents Through:

Mr. Raj Kumar, APP for State with ASI Partap Singh SI Abhilash PS Nihal Vihar Respondent in person (through VC)

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 23.04.2024 1.

The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.361/2019 under Sections 498A/406/34 IPC registered at Police Station Nihal Vihar and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement. 2.

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 question is quashed.

3.

The petitioner no.1 (husband), petitioner nos. 2 - 5, as well as, respondent no. 2 (wife) have joined through VC and they have 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 the learned counsel for the petitioner and by the Investigating Officer ASI Partap Singh SI Abhilash PS Nihal Vihar. 4.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 02.04.2006 according to Hindu Rites and Customs. Out of the said wedlock, one girl child, namely, Baby Harkeerat was born.

5.

On account of temperamental issues certain disputes arose between the parties and they started living separately. The dispute between the parties also led to the registration of present FIR. 6.

During the pendency of the proceedings, the parties arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 22.01.2024, which is annexed as Annexure B to the present petition. 7.

In terms of the said settlement, the petitioner no. 1 has agreed to pay an amount of Rs. 35,000/- to the respondent no. 2 as a monthly maintenance. 8.

The parties have also agreed that they will withdraw the respective cases filed against each other.

9.

It is also a term of the settlement that the respondent no. 2 shall cooperate with the petitioners for quashing of the FIR. 10.

The respondent no.2, who has joined through VC, 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.361/2019 under The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Sections 498A/406/34 IPC registered at Police Station Nihal Vihar 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 APRIL 23, 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.