Sushil & ORS. v. The State NCT Of Delhi And ANR.
$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3235/2024 SUSHIL & ORS.
..... Petitioners Through:
Mr. S.K. Kashyap, Advocate.
versus THE STATE NCT OF DELHI AND ANR.
..... Respondents Through:
Mr. Satish Kumar, APP for the State with Ms. Madhav Rastogi & Mr.
Pradeep Singh Tomar, Advocates.
ASI Om Prakash, P.S.: Sarai Rohilla.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
O R D E R
% 26.04.2024 CRL.M.A. 12478/2024 (exemption) 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
CRL.M.C. 3235/2024 3.
The present petition under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been filed by the petitioners seeking quashing of FIR bearing No. 312/2016, registered at Police Station Sarai Rohilla, Delhi, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 („IPC‟).
4.
Issue notice. Mr. Satish Kumar, learned APP accepts notice on behalf of the State.
5.
Brief facts of the case are that, on 07.12.2014, the marriage between The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
petitioner no. 1 and respondent no. 2 go solemnized, as per Hindu rites and customs. On 04.01.2015, it is stated that due to temperamental differences between the above-said parties, they started living separately. On 25.03.2015, respondent no. 2 lodged a complaint against the petitioners before the CAW Cell, North Delhi. On 31.03.2016, an FIR bearing no. 0312/2016 got registered against the petitioners at Police Station Sarai Rohilla, Delhi. It is stated that on 11.07.2018, the decree of divorce was granted by mutual consent. Hence thereafter, the present petition for quashing of FIR has been filed.
6.
All the petitioners are present before this Court and have been identified by their counsel Mr. S.K. Kashyap, and Investigating Officer (IO) ASI Om Prakash, P.S.: Sarai Rohilla.
7.
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 between the parties and have been granted divorce vide order dated 11.07.2018.
8.
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 No.1 and other family members. 9.
Today, the complainant who is present in Court states that she has received all amount and has no objection if the FIR is quashed. 10.
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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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. 11.
Accordingly, FIR bearing No. 312/2016, registered at Police Station Sarai Rohilla, Delhi, for offences punishable under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom are quashed. 12.
The petition stands disposed of.
13.
The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J APRIL 26, 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.