Sh. Manoj Kumar & ORS. v. The Sate Govt Of NCT Of Delhi Through Sho Ps Madhu Vihar Delhi 110091 & ANR.

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2463/2024 SH. MANOJ KUMAR & ORS.

..... Petitioners Through:

Mr. Surender Singh & Mr. Kapil Chaudhary, Advocates.

versus THE SATE GOVT OF NCT OF DELHI THROUGH SHO PS MADHU VIHAR DELHI 110091 & ANR.

..... Respondents Through:

Mr. Satish Kumar, APP for the State with SI Krantiveer, P.S.: Madhu Vihar.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 27.03.2024 CRL.M.A. 9392/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 2463/2024 3.

The present criminal petition under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been filed by the petitioners seeking quashing of the FIR bearing no. 0081/2019, registered at Police Station Madhu Vihar, for offences punishable under Sections 498A/506/34 of the Indian Penal Code, 1860 („IPC‟) and all other proceedings emanating arising out of the same.

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

4.

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

5.

Petitioners are present before this Court and have been identified by their counsel and Investigating Officer SI Krantiveer at Police Station Madhu Vihar.

6.

Brief facts of the case are that on 18.04.2019, the petitioner no. 1 and respondent no. 2 got married according to Hindu rites and customs. It is stated that two children were born out of the said wedlock. 7.

It is stated that in April 2021, due to some misunderstanding and temperamental differences, the parties started living separately. On 23.04.2019, on the complaint of respondent no. 2 against the petitioners and other family members, the subject FIR was lodged at Police Station Madhu Vihar, Delhi. It is stated that charge-sheet has been filed by the I.O. concerned. It is stated that on 22.03.2023, a settlement had been arrived at between petitioner no. 1 and respondent no. 2 in Mediation Centre, Karkardooma Courts, Delhi. It is stated that since then, the petitioner no. 1 and respondent no. 2 started residing together along with their children. Hence, the present petition was filed for quashing of the subject FIR. 8.

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/compromised between them and they have been living together since March, 2023 along with their children. Respondent no. 2 further states that she has no objection if FIR may be quashed. 9.

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. 10.

Accordingly, FIR bearing No. 0081/2019, registered at Police Station Madhu Vihar, for offences punishable under Sections 498A/506/34 of the IPC and all consequential proceedings emanating therefrom are quashed. 11.

The petition stands disposed of.

12.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MARCH 27, 2024/at 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.