Rohit Ahuja & ORS. v. State NCT Of Delhi And ANR

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3873/2024 ROHIT AHUJA & ORS.

..... Petitioners Through:

Mr. Inderjeet Singh, Advocate along with Petitioners.

versus STATE NCT OF DELHI AND ANR ..... Respondents Through:

Mr. Hitesh Vali, APP for the State with W/SI Sunita, P.S. Jayant Puri.

Mr. Arjun Singh, Advocate for R-2 along with R-2.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN % 14.05.2024

O R D E R

CRL.M.A. 14802/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Applications stands disposed of.

CRL.M.C. 3873/2024 1.

The present petition has been filed under Section 482 CrPC seeking quashing of FIR No. 0003/2021 under Sections 498A/406/34 IPC registered at Police Station Jagatpuri 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.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

The petitioner no.1 (husband), as well as, respondent no. 2 (wife) are present in the Court and they have been identified by their respective counsel and by the Investigating Officer-W/SI Sunita. 4.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 09.05.2004 according to Hindu Rites and Customs. Out of the said wedlock two children, namely, Harshit Ahuja and Raunak Ahuja were born.

5.

On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 30.08.2020. The dispute between the parties also led to the registration of present FIR. 6.

During the pendency of the proceedings, the parties were referred to Mediation Centre, Karkardooma Court, where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 06.01.2023 which is annexed as Annexure P-4 to the present petition. 7.

In terms of the said settlement, the parties decided to live together as husband and wife. This position is affirmed by the respondent No.2 who is present in Court today.

8.

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

9.

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.

10.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 11.

Consequently, the petition is allowed and the FIR No. 0003/2021 under Sections 498A/406/34 IPC registered at Police Station Jagatpuri The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

alongwith all other proceedings emanating therefrom, is quashed. 12.

The petition stands disposed of in the above terms. 13.

Order be uploaded on the website of this court. VIKAS MAHAJAN, J MAY 14, 2024/MR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.