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High Court of DelhiCRL.M.C./2743/2024

Shyam Singh & ORS. v. State (NCT Of Delhi) & ANR.

2024-09-09Hon'Ble Mr. Justice Dinesh Kumar Sharma3 pages

$~84 & 90 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2745/2024 SHER SINGH AND ANR .....Petitioners Through:

Mr. Rishi Kant Mishra, Mr. Rajan Aggarwal and Mr.

Rajiv Singh, Advocates versus STATE THROUGH SHO PS DABRI AND ANR .....Respondents Through:

Mr. Satish Kumar, APP for the State + CRL.M.C. 2743/2024 SHYAM SINGH & ORS.

.....Petitioners Through:

Counsel(Appearance not given) versus STATE (NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Satish Kumar, APP for the State with SI Deepika PS Kalkaji

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 09.09.2024 CRL.M.A. 27182/2024 & CRL. M.A. 27254/2024(early hearing) 1.

For the reasons stated therein, the Application is allowed and the matter is taken up today itself.

2.

Applications accordingly disposed of.

CRL.M.C. 2745/2024 & CRL.M.C. 2743/2024 3.

The petitioners vide the present petitions under Section 482 of the Cr.P.C, 1973 seek quashing of cross FIRs No. 217/2023 and 125/2023 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

registered under Sections 354/354(B)/506/509/34 IPC & 323/341/354/354(B)/376/509/34 IPC, registered at P.S. Dabri, New Delhi and all proceeding emanating therefrom in view of the Settlement arrived at between the parties.

4.

Issue notice. Learned APP accepts notice on behalf of the State. 5.

A request for quashing of the FIR has been made on account of the Settlement inter se the parties.

It is stated that essentially the disputes between the parties are matrimonial and occurred between the complainant in CRL.M.C. 2743/2024 and the complainant in CRL.M.C. 2745/2024. The parties have entered into MOU dated 23.12.2023 and have amicably settled all their disputes. The MOU states that the couple in CRL.M.C. 2743/2024 shall take a divorce by mutual consent after the quashing of the FIRs. In CRL.M.C. 2743/2024, the petitioner No. 1 Shyam Singh has handed over a Bank Draft bearing No. 003782 to Ms. Deepika in light of the terms of Settlement. The parties agree to remain bound by the terms of settlement. 6.

The parties are present before this Court in person today, and have been identified by their counsel and Investigating Officer concerned. 7.

Today, the complainants who are present in Court state that they have no objection if the FIR is quashed.

8.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. Moreover, there is no legal impediment in quashing the FIRs in question.

9.

Accordingly cross FIRs No. 217/2023 and 125/2023 registered under The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Sections 354/354(B)/506/509/34 IPC & 323/341/354/354(B)/376/509/34 IPC, registered at P.S. Dabri, New Delhi and all consequential proceedings emanating therefrom are quashed, without prejudice to the rights of the child.

10.

The petitions stand disposed of.

11.

The date already fixed stands cancelled.

NEENA BANSAL KRISHNA, J SEPTEMBER 9, 2024/PT The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.