Vikas Kalyan & ANR. v. State & ANR.

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1787/2024 VIKAS KALYAN & ANR.

..... Petitioners Through:

Petitioners with their counsel Mr.

Rahul Kumar, Mr. Neeraj Kumar Veshali, Mr.Navy Charlie, Mr. Rahul Maurya and Mr. K.M. Thakur, Advocates.

versus STATE & ANR.

..... Respondents Through:

Mr. Satish Kumar, APP for the State along with SI Ankit, P.S. Jyoti Nagar.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 04.03.2024 CRL.M.A. 6827/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 1787/2024 3.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) has been filed by the two petitioners praying for quashing of FIR bearing No. 420 dated 16.12.2019 registered at Police Station Jyoti Nagar, North East Delhi for the offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (IPC) and all other proceedings emanating therefrom.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

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

5.

Briefly stated the facts of the present case are that the marriage between petitioner and respondent no.2 was solemnized and consummated at B-244, Gali No.10, Meet Nagar, Delhi on 11.12.2017. However, due to temperamental differences disputes arose between both the parties and the respondent no.2 started living separately. The respondent no.2 filed various cases against the petitioner. The decree of divorce by mutual consent has already been passed by the learned Principal Judge, Family Court, Shahadra, Karkardooma Courts, Delhi vide order dated 29.11.2023. 6.

Both the petitioners are present before this Court and have been identified by their counsel Mr. Rahul Kumar and Investigating Officer (IO) SI Ankit, P.S. Jyoti Nagar.

7.

On the 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.

8.

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. The petitioner no. 1 had paid a sum of Rs. 2,00,000/- to the comlplainant. 9.

Today, the complainant who is present in Court states that she has received Rs. 2 Lacs today, i.e., 04.03.2024 vide Cheque No. 213781 drawn on Indian Bank, Yamuna Vihar and has no objection if the FIR is quashed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 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. 420 dated 16.12.2019 registered at Police Jyoti Nagar, North East 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 MARCH 4, 2024/A 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.