Manish Kholi And ORS v. The State And ANR
$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MANISH KHOLI AND ORS .....Petitioners Through:
Mr. A. K. Mishra, Advocate with Petitioners in person.
versus THE STATE AND ANR .....Respondents Through:
Mr. Sanjay Lao, Standing Counsel (Crl) with Mr. Abhinav Kumar Arya with SI Shabnam, PS Najafgarh.
Complainant in person.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R
% 08.07.2024 1.
The present petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C has been filed by the Petitioner for quashing FIR No.486/2021 dated 06.09.2021, registered at Police Station Najafgarh for offences punishable under Sections 498A/406//34 IPC on the ground that the parties have amicably settled the dispute and the Respondent No2/wife has rejoined the company of the Petitioner No.1/husband. The present FIR is the outcome of a matrimonial dispute between the parties. 2.
As per the petition, the parties have settled all their disputes amicably and have also filed a Settlement Agreement dated 16.09.2022. In compliance of the Settlement Agreement dated 16.09.2022, the Respondent No.2/wife has rejoined the company of the Petitioner No.1/husband and have started The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
living together happily w.e.f 01.10.2022.
3.
It is stated that the Respondent No.2/wife does not have any objection if the FIR against the Petitioners is quashed as she has already rejoined the company of the Petitioner No.1/husband.
4.
Today, the Parties are present in Court. The Petitioner No.1/husband has been identified by his counsel. The Respondent No.2/wife has been identified by the Investigating Officer SI Shabnam, PS Najafgarh. The Respondent No.2/wife states that she has rejoined the company of the Petitioner No.1/husband and living happily with him and has settled all her disputes with the Petitioners out of her own free will, without pressure, coercion or undue influence and states that she does not want to pursue with the present case any further and request that the present FIR and the proceedings emanating therefrom may be quashed. The Parties undertake that they will remain bound by the terms of the Settlement Agreement arrived at between them before the Counselling Cell, Family Courts, Dwarka, New Delhi and the proceedings recorded before this Court. 5.
The Parties, who are present in Court, understand the implication of the present proceedings. In view of the fact that the instant case is squarely covered by the law laid down by the Supreme Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303 and in view of the Settlement arrived at between the Parties, this Court is of the opinion that no useful purpose would be served in continuing with the present proceedings. Resultantly, the FIR No.486/2021 dated 06.09.2021, registered at Police Station Najafgarh for offences punishable under Sections 498A/406//34 IPC and the proceedings emanating therefrom are hereby quashed. The parties shall remain bound by the terms of the settlement and the undertaking given to the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Court.
6.
The petition stands disposed of in the above terms, along with pending application(s), if any.
SUBRAMONIUM PRASAD, J JULY 8, 2024 S. Zakir The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.