Rahul Kainth v. The State (Govt. Of NCT Delhi)
$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2724/2024 RAHUL KAINTH ..... Petitioner Through:
Mr. Ajay Kumar Jha & Mr. Balram, Advocates.
versus THE STATE (GOVT. OF NCT DELHI) ..... Respondent Through:
Mr. Naresh Kumar Chahar, APP for the State with W/SI Bala Rani & W/SI Ritu, P.S.: Mohan Garden.
Mr. Rahul Chauhan, Advocate for R2.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
O R D E R
% 05.04.2024 1.
The present criminal miscellaneous petition under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been filed by the petitioner seeking quashing of FIR bearing No. 0692/2021, registered at Police Station Mohan Garden, South-West District, New Delhi, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 („IPC‟).
2.
Issue notice. Mr. Naresh Kumar Chahar, learned APP accepts notice on behalf of the State.
3.
The petitioner is present before this Court in-person, and is identified by his counsel Mr. Ajay Kumar, and Investigating Officer (I.O.) W/SI Bala Rani, P.S.: Mohan Garden.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
Brief facts of the case, as per the petition, are on 02.12.2014, petitioner and respondent no. 2 got married, as per Hindu rites and customs. 5.
The order be uploaded on the website forthwith. No child was born out of the said wedlock. It is stated that since March 2021, petitioner and respondent no. 2 got separated due to matrimonial disputes. On the complaint of respondent no. 2, an FIR bearing no. 0692/2021 got registered at Police Station Mohan Garden, for offences punishable under Sections 498A/406/34 of IPC. It is stated that a settlement has been arrived at between the parties vide Settlement Deed dated 14.02.2023, and both the parties have settled all their disputes and differences without any force or coercion. Hence, the present petition is filed for quashing of the said FIR. 6.
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.
7.
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. It is also stated that she has received the entire amount, as per the settlement.
8.
Today, the complainant, who is present in Court states that she has no objection if the FIR is quashed.
9.
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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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. 0692/2021, registered at Police Station Mohan Garden, South-West District, New Delhi, for offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.
11.
The present petitions stand disposed of.
12.
The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J APRIL 5, 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.