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High Court of DelhiCRL.M.C./4250/2024

Ravinder Pal & ORS. v. The State(Govt Of NCT Delhi) & ANR.

2024-05-22Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4250/2024 RAVINDER PAL & ORS.

..... Petitioners Through:

Mr. Narender Yadav, Advocate along with petitioner no. 1 to 3.

versus THE STATE (GOVT OF NCT DELHI) & ANR. ..... Respondents Through:

Mr. Naresh Kumar Chahar, APP for the State with Ms. Bharti Kumari and Ms. Avni Gour, Advocates and SI Mahendra Patel, P.S. Narela.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 22.05.2024 CRL.M.A. 16117/2024 exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 4250/2024 3.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of petitioners seeking quashing of FIR bearing no. 179/2016, registered at Police Station Narela, Delhi for the offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC') and all consequential proceedings emanating therefrom.

4.

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

on behalf of State.

5.

Petitioner no. 1 to 3 are present before this Court and have been identified by their counsel Mr. Narender Yadav and Investigating Officer (IO) SI Mahendra Patel from Police Station Narela, Delhi. 6.

Brief facts of the present case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 29.11.2011 as per Hindu rites and Ceremonies. It is stated that due to temperamental differences and personal misunderstanding, the respondent no. 2 had filed a complaint against the petitioners, before ACP, Women Cell Branch, Sector-3 Rohini, Delhi. On the complaint of respondent no. 2, the present FIR bearing no. 179/2016 was registered at Police Station Narela, Delhi against the petitioners for offences punishable under Sections 498A/406/34 of IPC. It is stated that during the pendency of the case, both the parties have amicably settled all their disputes vide Settlement Deed dated 18.02.2016. 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/compromised between them and they have been living together since 2019 along with their children. Respondent no. 2 further stated that she has no objection if FIR may be quashed. 8.

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

There is no legal impediment in quashing the FIR in question. 9.

Accordingly, FIR bearing no. 179/2016, registered at Police Station Narela, Delhi for the offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed. 10.

In view of above, the petition stands disposed of. 11.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MAY 22, 2024/ZP 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.