Ranjeet Kumar Chaubey And ORS v. State N.C.T Of Delhi And ANR
$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3894/2024 RANJEET KUMAR CHAUBEY AND ORS ..... Petitioners Through:
Mr Ajay Kumar, Advocate along with petitioner nos.1 and 4 in person.
Petitioner nos. 2 and 3 through video conferencing.
versus STATE N.C.T OF DELHI AND ANR ..... Respondents Through:
Mr Hitesh Vali, APP for the State with SI Gaurav, PS Hari Nagar.
Respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 15.05.2024 CRL.M.A. 14882/2024 1.
Allowed, subject to all just exceptions.
CRL.M.C. 3894/2024 2.
The present petition has been filed under Section 482 CrPC seeking quashing of FIR No. 0300/2022 under Sections 498A/34 IPC registered at Police Station Hari Nagar 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 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.
4.
The petitioner no.1 (husband), and petitioner no.4, who is the sister of the petitioner no.1, as well as, respondent no. 2 (wife) are present in the Court whereas the petitioner nos.2 and 3 have joined through video conferencing. The parties have been identified by the learned counsel for the petitioners and by the Investigating Officer with SI Gaurav, PS Hari Nagar. 5.
The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 25.04.2011 according to Hindu Rites and Customs.
6.
On account of temperamental issues certain disputes arose between the parties and they started living separately from November, 2020. 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 Memorandum of Understanding/Full and Final Settlement dated 27.04.2024, which is annexed as Annexure P-6 to the present petition. 8.
In terms of the said settlement, the petitioner no.1 and respondent no.2 have decided to reside together as husband and wife. The petitioner no.1 and the respondent no.2, who are present in Court affirm that now they are residing together.
9.
It is also mentioned in the settlement that the parties shall be bound the terms and conditions of the MoU.
10.
The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.
11.
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.
12.
It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 13.
Consequently, the petition is allowed and the FIR No. 0300/2022 under Sections 498A/34 IPC registered at Police Station Hari Nagar alongwith all other proceedings emanating therefrom, is quashed. 14.
The petition stands disposed of in the above terms. 15.
Order be uploaded on the website of this court. VIKAS MAHAJAN, J MAY 15, 2024 MK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.