Mukul Anand & ORS. v. State NCT Of Delhi And ANR

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4149/2024 MUKUL ANAND & ORS.

..... Petitioner Through:

Mr. Vineet Kumar, Ms. Roop Narain, Mr. Hokesh Kumar & Mr. Kuldeep, Advocates.

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

Mr. Satish Kumar, APP for the State along with Mr. Prateek Prabhakar, Mr. Shabahat and Mr. Kamresh Vikrant Singh Nagar, Advs

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 21.05.2024 CRL.M.A. 15742/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 4149/2024 3.

The present petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of the petitioner seeking quashing of case arising out of FIR bearing No. 407/2019, registered at Police Station Mangol Puri, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 („IPC‟). 4.

Issue notice. Mr. Satish Kumar, learned APP for the State accepts The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

notice.

5.

Brief facts of the case are that the marriage was solemnized between petitioner no. 1 and respondent no. 2, according to Hindu rites and ceremonies. It is stated that in May 2018, due to differences, the parties started living separately and never resided together again. On 16.04.2019, on the complaint of respondent no. 2, the present FIR was lodged against the petitioners. It is further stated that on 01.08.2023, respondent no. 2 and petitioner no. 1 had resolved their disputes and had reached a settlement before the Mediation Centre, Tis Hazari Courts, Delhi, wherein both the parties had agreed for divorce by mutual consent. On 19.12.2023, the parties got divorced, hence the present petition for quashing of FIR has been filed. 6.

All the parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. 7.

On the query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent No.2 that the entire dispute has been amicably settled between the parties vide Settlement Deed dated 01.08.2023 entered into between them.

8.

It is submitted that respondent no.2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with petitioner No.1 and other family members. 9.

Today, the complainant who is present in Court states that she has received the last and final instalment of Rs. 2 Lakhs, i.e., 21.05.2022 vide DD No. 033441 drawn on Canara Bank, Dev Nagar and has no objection if The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the FIR is quashed.

10.

In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 11.

Accordingly, FIR bearing No. 407/2019, registered at Police Station Mangol Puri, for offences punishable under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom are quashed. 12.

The petition stands disposed of.

13.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MAY 21, 2024/at Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.