Rahul & ORS. v. The State Of NCT Of Delhi & ANR.

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2501/2024 RAHUL & ORS.

..... Petitioners Through:

Petitioners with their counsel Mr.

Dheeraj Kumar, Advocate.

versus THE STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Pradeep Gahlot, APP for the State along with SI Pramod Kumar, P.S. Krishna Nagar.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 28.03.2024 CRL.M.A. 9538/2024 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 2501/2024 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. 170/2018, registered at Police Station Krishna Nagar, Delhi for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 („IPC‟) and all consequential proceedings emanating therefrom.

2.

Issue notice. Mr. Pradeep Gahlot, learned APP accepts notice on behalf of State.

3.

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

identified by their counsel Mr. Dheeraj Kumar and Investigating Officer (IO) SI Pramod Kumar from Police Station Krishna Nagar, Delhi. 4.

Brief facts of the present case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 01.12.2010 according to Hindu rites and ceremonies at New Delhi. No child was born out of the said wedlock. It is stated that on the complaint of respondent no. 2, the present FIR bearing no. 170/2018 was registered at Police Station Krishna Nagar, Delhi against the petitioners for the offences punishable under Sections 498A/406/34 of IPC. It is stated that during the pendency of the case, both the parties have amicably settled all their disputes. 5.

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.

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 petitioners.

7.

Today, the complainant who is present in Court states that she has no objection if the FIR is quashed.

8.

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

There is no legal impediment in quashing the FIR in question. 9.

Accordingly FIR bearing no. 170/2018, registered at Police Station Krishna Nagar, Delhi for offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed. 10.

The petition stands disposed of.

11.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MARCH 28, 2024/A 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.