Kirti Bhardwaj And ANR v. State NCT Of Delhi And ANR
$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3837/2024 & CRL.M.A. 14628/2024 KIRTI BHARDWAJ AND ANR ..... Petitioners Through:
Mr Rahul Kumar and Ms Kajal Kumari, Advocates along with petitioners in person.
versus STATE NCT OF DELHI AND ANR ..... Respondents Through:
Mr Naresh Kumar Chahar, APP for the State with ASI Santosh Kumar, PS K. N. Katju Marg.
Respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN % 13.05.2024
O R D E R
1.
The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.0078/2023 under Sections 406/506/34 IPC registered at Police Station K. N. Katju Marg and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.
2.
Issue notice. The learned APP for the State accepts notice. He submits 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.
3.
The petitioner no.1 (former husband) and petitioner no.2 (mother of the petitioner no.1), as well as, respondent no. 2 (former wife) are present in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
the Court and they have been identified by their respective counsel and by the Investigating Officer ASI Santosh Kumar, PS K. N. Katju Marg. 4.
The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 15.11.2021 according to Hindu Rites and Customs. No child was born out of the said wedlock. 5.
On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 27.09.2022. The dispute between the parties also led to the registration of present FIR. 6.
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 30.11.2023, a copy of which is annexed as Annexure P-3 (Colly.) to the present petition.
7.
In terms of the said settlement, the parties decided to dissolve their marriage by filing a petition for divorce by way of mutual consent. Accordingly, the petitioner no.1 and respondent no.2 have obtained a decree of divorce dated 05.01.2024, a copy of which is annexed at page 67 of the present petition.
8.
It has been agreed between the parties they shall not file any suit, petition or complaint etc. against each other and against the family members of each other in future and shall withdraw all the complaint, proceedings, if any.
9.
The respondent no.2, 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 purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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.0078/2023 under Sections 406/506/34 IPC registered at Police Station K. N. Katju Marg 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 13, 2024 MK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.