Gitesh Bhanot & ORS. v. The State & ANR.

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3393/2024 GITESH BHANOT & ORS.

..... Petitioners Through:

Mr. Lokesh Baimad, Mr. Anmol Kaur Nayar and Ms.

Jyoti Baimad, Advocates alongwith petitioners in person versus THE STATE & ANR.

..... Respondents Through:

Mr. Digam Singh Dagar, APP for the State with IO ASI Anil Kumar, P.S.

Jagatpuri Mr. Anshul Dutt, Mr. Karan Kumar, Mr. Nishant Sharma and Ms. Monika Giri, Advocates for R-2 alongwith R2 in person

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 01.05.2024 CRL.M.A. 13054/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 3393/2024 3.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been filed on behalf of petitioners seeking quashing of FIR bearing no. 233/2023, registered at Police Station Jagatpuri, District Shahdara, Delhi for the offences punishable under Sections The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

498A/406/34 of the Indian Penal Code, 1860 („IPC‟) and all consequential proceedings emanating therefrom.

4.

Issue notice. Mr. Digam Singh Dagar, learned APP accepts notice on behalf of the State.

5.

Petitioners are present before this Court and have been identified by their counsel Mr. Lokesh Baimad and Investigating Officer (IO) ASI Anil Kumar from Police Station Jagatpuri, Delhi.

6.

Brief facts of the present case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 30.11.2020 as per Hindu rites and ceremonies at Velvet Banquet, Indirapuram, Ghaziabad, U.P. No child was born out of the said wedlock. It is stated that due to disputes and differences which had arisen between the parties, both the parties started living separately from each other since 21.04.2022. On the complaint of respondent no. 2 before the CAW Cell, Seemapuri, Shahdara, Delhi, an FIR bearing no. 233/2023 was registered at Police Station Jagatpuri, Shahdara District, Delhi against the petitioners for offence punishable under Sections 498A/406/34 of IPC. It is stated that the chargesheet has not been filed in the present matter. It is stated that both the parties have amicably and voluntarily settled their disputes vide Settlement/compromise Deed dated 22.07.2023 and have obtained decree of divorce by way of mutual consent. 7.

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.

8.

It is submitted that respondent no.2 has settled all her claims in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 and 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 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. 233/2023, registered at Police Station Jagatpuri, District Shahdara, Delhi for the offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.

11.

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

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MAY 1, 2024/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.