Daya Ram & ORS. v. State NCT Of Delhi And ANR.

$~109 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3742/2024 DAYA RAM & ORS.

..... Petitioners Through:

Mr Sahil Kakkar, Advocate along with petitioners in person.

versus STATE NCT OF DELHI AND ANR.

..... Respondents Through:

Mr Raj Kumar, APP for the State with SI Anup Rana, PS Paschim Vihar West.

Mr Pradeep Rana, Mr Ankit Rana, Mr Deepak Chillar, Ms Tanisha Jain and Mr Tushar, Advocates for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 09.05.2024 CRL.M.A. 14343/2024 1.

Allowed, subject to all just exceptions.

CRL.M.C. 3742/2024 2.

The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.0214/2018 under Sections 451/323/341/506/34 IPC registered at Police Station Mianwali Nagar, Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

3.

Issue notice. The learned APP for the State accepts notice. He submits The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

that since the FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed.

4.

The petitioner no.3 (daughter-in-law of the respondent no.2), as well as, the respondent no.2/complainant (mother-in-law of the petitioner no.3) are present in the Court whereas the petitioner nos.1, 2 and 4, who are close relatives of the petitioner no.3, have joined through video conferencing. The parties have been identified by their respective counsel and by the Investigating Officer SI Anup Rana, PS Paschim Vihar West. 5.

The brief facts of the case are that the marriage between the petitioner no.3 and son of the respondent no.2 (complainant) namely, Neeraj Sharma was solemnized on 19.04.2017 according to Hindu Rites and Customs. No child was born out of the said wedlock.

6.

On account of temperamental issues certain disputes arose between the petitioner no.3 and her said husband and they started living separately w.e.f. 18.06.2018. The dispute between the parties also led to the registration of present FIR.

7.

During the pendency of the proceedings, the parties have arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 05.03.2024, which is annexed as Annexure P-2 to the present petition. 8.

It is a term of the settlement between the parties that they shall withdraw all their respective cases and shall cooperate each other in quashing of the FIRs.

9.

The respondent no.2, who appears in person, on a query put by the Court, states that she has no objection in case the FIR is quashed. 10.

In view of the fact that the parties have arrived at a settlement, 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 in continuing the proceedings, rather the same would create further acrimony between them.

11.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.

12.

Consequently, the petition is allowed and the FIR No.0214/2018 under Sections 451/323/341/506/34 IPC registered at Police Station Mianwali Nagar, Delhi alongwith all other proceedings emanating therefrom, is quashed.

13.

The petition stands disposed of in the above terms. 14.

Order be uploaded on the website of this court. VIKAS MAHAJAN, J MAY 9, 2024 MK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.