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High Court of DelhiCRL.M.C./4393/2024

Rajnikant Gupta & ORS. v. State Of (NCT) Of Delhi & ANR.

2024-05-28Hon'Ble Mr. Justice Manoj Kumar Ohri2 pages

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4393/2024 RAJNIKANT GUPTA & ORS.

.... Petitioners Through:

Ms. Ritu Reniwal and Mr. Mahendra Kumawat, Advocates with petitioners in person through V.C.

versus STATE OF (NCT) OF DELHI & ANR.

..... Respondents Through:

Mr. Sanjeev Sabharwal, APP for State with SI Man Chand, P.S. Shastri Park and SI Satish Kumar, Security.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 28.05.2024

O R D E R

1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 0055/2022 registered under Sections 498A/406 IPC at P.S. Shastri Park Metro on the ground that the parties have amicably settled their disputes.

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 Nos. 2 and 3 are in-laws of the complainant. 3.

Mr. Sabharwal, learned APP for the State submits that in the present case petitioners are the only accused persons and respondent No. 2 is the complainant/victim.

4.

Learned counsel for the petitioners submits that the parties have settled their disputes vide Agreement dated 13.02.2024. In terms of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/05/2024 at 12:07:16

settlement, respondent No.2 is now left with no claim or grievance whatsoever against the petitioners. It is further stated that first motion for grant of divorce by mutual consent has already been granted [vide order dated 23.03.2024 passed by Family Court-01, North East, Karkardooma Court, Delhi in HMA No. 266/2024. Further petitioner No. 1 and respondent No.2 undertake that steps for second motion will be taken immediately in accordance with law.

5.

Petitioners, who have joined the proceedings through V.C., have been identified by their counsel as well as IO/SI Man Chand, P.S. Shastri Park and SI Satish Kumar, Security. Respondent No.2, who is also present in Court, has been identified by the I.O.

7.

Respondent No. 2 states that she has settled her disputes with the petitioners of her own free will, volition and without any coercion. She further submits that she has no objection in case the FIR is quashed against the petitioners.

8.

The parties shall remain bound by the statements and undertaking made in Court today.

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.

With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J MAY 28, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/05/2024 at 12:07:16