Moninder Singh And ORS v. State(Govt Of NCT Of Delhi) And ANR

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2422/2024 MONINDER SINGH AND ORS.

..... Petitioners Through:

Mr. Samrendra K. Das, Advocate versus STATE (GOVT OF NCT OF DELHI) AND ANR. ..... Respondents Through:

Mr. Hitesh Vali, APP for the State with SI Rajesh Kumar, P.S.

Mukherjee Nagar.

Mr. Himanshu Nagpal and Mr.

Prakash G., Advocates for R-2.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 22.03.2024 CRL.M.A. 9277/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 2422/2024 3.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been filed on behalf of petitioners seeking quashing of FIR bearing no. 361/2018, registered at Police Station Mukherjee Nagar, Delhi for the offences punishable under Sections 498A/406 of the Indian Penal Code, 1860 („IPC‟) and all consequential proceedings emanating therefrom.

4.

Petitioners are present before this Court and have been identified by The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

their counsel Mr. Samrendra K. Das and Investigating Officer (IO) SI Rajesh Kumar from Police Station Mukherjee Nagar, Delhi. 5.

Brief facts of the present case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 29.10.2017 as per Hindu Rites and Ceremonies. No child was born out of the said wedlock. It is stated that due to temperamental differences which had arisen between the parties, both the parties started living separately from each other since 19.12.2017. On the complaint of respondent no. 2, the present FIR bearing no. 361/2018 was registered at Police Station Mukherjee Nagar, Delhi against the petitioners for offence punishable under Sections 498A/406 of IPC. It is stated that during the pendency of the case, both the parties have amicably settled all their disputes before Mediation Centre, Tis Hazari Court vide Settlement dated 17.08.2023 and dissolves their marriage by way of mutual consent.

6.

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. Respondent no. 2 further stated that she has no objection, if the FIR is quashed. 7.

On a 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 before Mediation Centre, Tis Hazari Court vide Settlement dated 17.08.2023.

8.

In view of the above fact that the parties have amicably resolved their The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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. 9.

Accordingly, FIR bearing no. FIR bearing no. 361/2018, registered at Police Station Mukherjee Nagar, Delhi for the offences punishable under Sections 498A/406 of IPC and all consequential proceedings emanating therefrom are quashed.

10.

In view of above, the petition stands disposed of. 11.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MARCH 22, 2024/zp 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.