Vikas & ORS. v. The State & ANR.

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 929/2021 VIKAS & ORS.

.....Petitioners Through:

Mr. Rajesh Kumar, Advocate.

versus THE STATE & ANR.

.....Respondents Through:

Mr. Shoaib Haider, APP for State with SI Sachin, P.S.Baba Haridas Nagar, New Delhi.

Mr. Anil Atkaan, Mr. Shankar Wagla and Ms. Soniya Gupta, Advocates for R-2.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 21.01.2025 1.

The Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C., 1973') has been filed on behalf of the petitioner, seeking to quash the FIR No. 462/2015 for the offence under Section 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC, 1860') registered at Police Station Baba Haridas Nagar, Dwarka, New Delhi. 2.

Issue notice.

3.

Mr. Shoaib Haider, learned Additional Public Prosecutor appearing on advance notice, accepts notice on behalf of the State. 4.

Brief facts of the case are that the marriage was solemnized between Petitioner and Respondent No. 2 on 23.11.2011, according to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the Hindu rites and ceremonies and a daughter was born out of the said wedlock.

5.

It is further submitted that on the complaint of the Respondent No. 2, an FIR bearing No. 462/2015, for the offence under Section 498A/406/34 of the IPC, got registered at Police Station Baba Haridas Nagar, Dwarka, New Delhi.

6.

It is stated that the Petitioner and the Respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Memorandum of Understanding dated 05.12.2019. Parties have taken a divorce by mutual consent vide Decree dated 07.11.2020.

7.

The Petitioner No.1 has handed over a demand draft bearing No.000086 for Rs.1,25,000/- which is accepted by Respondent No.2 in continuation of the earlier Order dated 10.01.2025. 8.

The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. The parties have endorsed the amicable settlement and accepted the terms thereof voluntarily.

9.

The parties have submitted that all the disputes have been amicably settled vide MOU dated 05.12.2019 and thus, no fruitful purpose will be served in continuing with the FIR. 10.

The present Petition has been signed by the Petitioner and is supported by his affidavit. The parties have reaffirmed the terms of the settlement arrived at vide MOU dated 05.12.2019 and they also submit that the said MOU dated 05.12.2019 has been arrived at between the parties, without any pressure and coercion. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

11.

Today, the Respondent No. 2/wife, who is present in Court, states that she has received all amounts due to her and has no objection if the FIR is quashed.

12.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.

13.

Moreover, there is no legal impediment in quashing the FIR in question.

14.

Accordingly, FIR No. 462/2015, for the offence punishable under Sections 498A/406/34 registered at Police Station Baba Haridas Nagar, Dwarka, New Delhi and all consequential proceedings emanating therefrom are quashed.

15.

The Petition stands disposed of.

NEENA BANSAL KRISHNA, J JANUARY 21, 2025 rk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.