Gokaran & ORS. v. State NCT Of Delhi & ANR.

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2295/2024 GOKARAN & ORS.

..... Petitioners Through:

Mr Sunil Kumar and Mr Shubham Thakur, Advocates.

versus STATE NCT OF DELHI & ANR.

..... Respondents Through:

Mr Raj Kumar, APP for the State with SI Divya, Police Station Sonia Vihar.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 20.03.2024 CRL.M.A. 8859/2024 1.

Allowed, subject to all just exceptions.

CRL.M.C. 2295/2024 2.

The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.0088/2021 under Sections 498A/406/34 IPC registered at Police Station Sonia Vihar and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement. 3.

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.

4.

The petitioner no.1 (former husband) and petitioner no.2, as well as, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondent no. 2 (former wife) are present in the Court whereas the petitioner nos.3 to 5 have joined through video conferencing. The parties have been identified by the learned counsel for the petitioners, as well as, by the Investigating Officer SI Divya, Police Station Sonia Vihar. 5.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 08.05.2014 according to Hindu Rites and Customs. Out of the said wedlock, two children namely, Baby Kashish and Baby Khushi were born.

6.

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. 7.

During the pendency of the proceedings, the parties were referred to Delhi Mediation Centre, Karkardooma Courts, Delhi, where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 25.01.2023, which is annexed as Annexure P-2 to the present petition. 8.

In terms of the said settlement, the petitioner no.1 and respondent no.2 decided to reside together as husband and wife. The petitioner no.1 and the respondent no.2, who are present in Court affirm that now they are residing together.

9.

The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.

10.

In view of the fact that the parties have arrived at a settlement have and started staying together, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

11.

It is, thus, in the interest of justice that the present FIR and all the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

other proceedings emanating therefrom be quashed. 12.

Consequently, the petition is allowed and the FIR No.0088/2021 under Sections 498A/406/34 IPC registered at Police Station Sonia Vihar alongwith all other proceedings emanating therefrom, is quashed. 13.

The petition stands disposed of in the above terms. 14.

Order be uploaded on the website of this court. VIKAS MAHAJAN, J MARCH 20, 2024 MK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.