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High Court of DelhiCRL.M.C./2507/2025

Mr. Vinay Kumar v. State Of Government Of NCT Of Delhi & ORS.

2025-05-05Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2507/2025 MR. VINAY KUMAR .....Petitioner Through:

Mr. Divyanshu Nautiyal, Advocate alongwith petitioner in person versus STATE OF GOVERNMENT OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Rajkumar, APP for the State with IO Mr. Devender Kumar Bhardwaj, Advocate for R-2, R-3 and R-4 alogwith respondents in person

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 05.05.2025 CRL.M.A. 11218/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 2507/2025 3.

By way of the instant petition, the petitioner seeks quashing of FIR bearing No.540/2024 dated 24.10.2024, registered at Police Station Punjabi Bagh, West District, Delhi for the commission of the offence punishable under Section74/118 of the Bharatiya Nyaya Sanhita, 2023 (hereafter 'BNS').

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. Rajkumar, the learned APP accepts notice on behalf of the State.

5.

Petitioner is present before this Court and has been identified by his counsel Mr. Divyanshu Nautiyal and Investigating Officer (IO) concerned, from Police Station Punjabi Bagh, West District, Delhi. 6.

Brief facts of the present case are that on 04.11.2022, marriage between the petitioner and respondent no. 3 was solemnized. On 06.09.2023, and a child was born out of the said wedlock. However, due to some misunderstanding which took place between the parties, both the parties started residing separately since 19.10.2024. It is stated that on 21.10.2024, a quarrel took place between the parties and their family members, upon which, respondent no.2 had filed a complaint against the petitioner which was culminated into the present FIR. It is stated that during the pendency of the case, both the parties have amicably settled all their disputes vide Memorandum of Understanding/Settlement Deed dated 27.03.2025. 7.

It is stated that both the parties have amicably settled the present matter vide Memorandum of Understanding/Settlement Deed dated 27.03.2025, entered between them and the parties are now staying together. The statements of the parties to the said effect have been recorded by the learned Joint Registrar (Judicial) on 15.04.2025. 8.

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 that they have been living together since 13.01.2025. Therefore, she has no objection if the FIR is 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. 540/2024 dated 24.10.2024, registered at Police Station Punjabi Bagh, West District, Delhi for the commission of offence punishable under Section74/118 of BNS, 2023 and all consequential proceedings emanating therefrom are quashed.

11.

In view of above, the present petition stands disposed of. 12.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J MAY 5, 2025/ns 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.