Smt. Kanika Mittal & ORS. v. State Of NCT Of Delhi & ANR.

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2416/2024 SMT. KANIKA MITTAL & ORS.

..... Petitioners Through:

Mr Anukrit Gupta, Mr Akash Gakkhar and Mr Ved Prakash Singh, Advocates along with petitioner no.1 in person.

versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr Raj Kumar, APP for the State with W/SI Reena, PS Prashant Vihar.

Mr Atul Sahi, Advocate for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 22.03.2024 CRL.M.A. 9243/2024 1.

Allowed, subject to all just exceptions.

CRL.M.C. 2416/2024 & CRL.M.A. 9242/2024 2.

The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.0056/2019 under Sections 323/354/354B/506/509/34 IPC registered at Police Station Prashant 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

have arrived at a settlement, the State has no objection in case the FIR in question is quashed.

4.

The petitioner no.1 (daughter-in-law of the respondent no.2) is present in the Court and the respondent no.2 has joined through VC. They have been identified by their respective counsel and by the Investigating Officer W/SI Reena, PS Prashant Vihar. Petitioner nos.2 to 7, who are close relatives of petitioner no.1 are not present and they are exempted from their personal appearance.

5.

The brief facts of the case are that the marriage between the son of the respondent no.2/complainant and petitioner no.1 was solemnized on 20.04.2006 according to Hindu Rites and Customs. Out of the said wedlock, two male children were born, who are in the care and custody of the petitioner no.1.

6.

On account of temperamental issues certain disputes arose between petitioner no.1 and the son of the respondent no.2/complainant and they started living separately w.e.f. 23.02.2016. The dispute between the parties also led to the registration of present FIR at the instance of the respondent no.2.

7.

During the pendency of the proceedings, the parties have arrived at a settlement, terms whereof were reduced in writing in the form of Compromise-cum-Settlement Deed dated 02.01.2024, a copy of which is annexed as Annexure P-4 to the present petition. 8.

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

9.

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

would create further acrimony between them.

10.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 11.

Consequently, the petition is allowed and the FIR No.0056/2019 under Sections 323/354/354B/506/509/34 IPC registered at Police Station Prashant Vihar alongwith all other proceedings emanating therefrom, is quashed.

12.

The petition stands disposed of in the above terms. 13.

Order be uploaded on the website of this court. VIKAS MAHAJAN, J MARCH 22, 2024 MK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.