Rajpreet Singh And ORS v. The State And ANR

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1699/2023 RAJPREET SINGH AND ORS.

..... Petitioners Through:

Mr. Bhavneet Singh, Advocate versus THE STATE AND ANR.

..... Respondents Through:

Mr. Anand V. Khatri, ASC for the State with W/SI Jyoti, P.S.

Kanjhawala and W/SI Sangeeta, P.S.

Model Town.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 25.04.2024 1.

The instant 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. 499/2018, registered at Police Station Model Town, 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. Anand V. Khatri, learned ASC accepts notice on behalf of the State.

3.

All the petitioners are present before this Court and have been identified by their counsel Mr. Bhavneet Singh and Investigating Officer (IO) W/SI Sangeeta from Police Station Model Town, Delhi. 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 present case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 22.11.2015 according to Sikh Rites and Ceremonies. One child was born out of the said wedlock on 07.01.2017. It is stated that due to temperamental differences and strained relationship, both the parties started living separately since 04.07.2018. On the complaint of respondent no. 2, the present FIR got registered with P.S. Model Town, Delhi under Sections 498A/406/34 of IPC against the petitioners. It is stated that during the pendency of the case, both the parties have amicably settled all their disputes vide Memorandum of Understanding (MoU) dated 18.04.2022.

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 vide Memorandum of Understanding (MoU) dated 18.04.2022 and affidavits showing the protection of interest of minor child as per the judgment titled as Ganesh vs. Sudhirkumar Shrivastava, (2020) 20 SCC 787 passed by the Hon‟ble Supreme Court have been filed and the same are on record.

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 petitioner No.1 and other family members. 7.

Today, the complainant who is present in Court states that she has received all amounts due to her and has no objection if the FIR is quashed. 8.

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

their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, I am of the opinion that no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. Hence, 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 FIR in question.

9.

Accordingly, FIR bearing no. 499/2018, registered at Police Station Model Town, Delhi for offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed. 10.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J APRIL 25, 2024/zp 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.