Surender Khichi & ANR. v. The State & ANR.
$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1520/2024 SURENDER KHICHI & ANR.
..... Petitioners Through: Mr. Sunil Kumar Agarwal, Advocate with petitioners in person versus THE STATE & ANR.
..... Respondents Through: Mr.Sanjay Lao, Standing Counsel with Mr.Abhinav Kumar, Mr.Priyam and Mr.Shivesh, Advocates with SI Mohit Chahar Mr.Deepak Vashisht, Advocate for respondent No.2 with respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 14.05.2024 CRL.M.A. 14830/2024 (exemption) 1.
Allowed, subject to all just exceptions.
2.
The application is disposed of.
W.P.(CRL) 1520/2024 1.
By way of present petition filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C., the petitioners seek quashing of FIR No.433/2016 registered under Sections 451/354/323/506/34 IPC at P.S. Vijay Vihar, Delhi on the ground that the parties have amicably settled their disputes.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
2.
The present FIR is an outcome of a matrimonial dispute between the complainant/respondent No. 2 (wife) and petitioner No.1 (husband) whereas petitioner No.2 is the brother-in-law of the complainant. 3.
Learned APP for the State submits that the petitioners are the only accused persons and respondent No. 2 is the complainant/victim. It is also stated that the chargesheet has been filed under Sections 451/323/506/34 IPC and the matter is pending at the stage of trial. 4.
Learned counsels for the parties submit that the parties have settled their dispute on 03.01.2024 before the Counselling Cell, Family Court, Rohini, Delhi. It is stated that petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 01.04.2024 passed by Family Court, Rohini, Delhi in HMA No.798/2024. In terms of the settlement, respondent No. 2 is now left with no claim or grievance whatsoever against the petitioners. 5.
The petitioners and respondent No.2, who are present in the Court, have been identified by their respective counsels and the Investigating Officer.
6.
Respondent No.2 states that she has entered into the aforesaid settlement with her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed.
7.
Learned counsels for the parties submit that no other proceedings are pending between the parties.
8.
The parties shall remain bound by the statements made in Court today.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
9.
In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed.
10.
The petition is disposed of in the above terms. MANOJ KUMAR OHRI, J MAY 14, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.