Pankaj v. State NCT Of Delhi And ANR

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1732/2024 PANKAJ ..... Petitioner Through:

Mr. Prince Sharma, Mr. Vinay Sharma, Mr. Aditya and Ms. Ritu, Advs. with petitioner in person.

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

Mr. Sanjay Lao, SC for State with SI Nisha PS Vasant Vihar Respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN % 28.05.2024

O R D E R

CRL.M.A. 16882/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(CRL) 1732/2024 3.

The present petition has been filed under Article 226 of Constitution of India read with Section 482 CrPC seeking quashing of FIR No.90/2024 under Sections 354D/506 IPC registered at Police Station Vasant Vihar and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

4.

Issue notice. The learned Standing Counsel for the State accepts notice. He submits that since the parties have arrived at a settlement and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

have married each other, the State has no objection in case the FIR in question is quashed.

5.

The petitioner no.1 (husband), as well as, respondent no. 2 (wife) are present in the Court and they have been identified by learned counsel for the petitioner and by the Investigating Officer SI Nisha PS Vasant Vihar. 6.

The brief facts of the case are that the FIR was registered on a complaint made by the respondent no. 2 who alleged that the petitioner herein used to stalk her and would keep all the information of her office, home and her mobile phone. The petitioner also asked the respondent no. 2 to marry her. However, during the pendency of the proceedings, the parties resolved their disputes and decided to get married to each other. Accordingly, the marriage between petitioner and respondent no. 2 was solemnized on 14.05.2024. Thereafter, the parties entered into a settlement, terms whereof were reduced in writing in the form of the settlement deed dated 20.05.2024, which is annexed as Annexure B to the present petition. 7.

In terms of the abovementioned settlement, it has been agreed between the parties that they shall cooperate with each other in all possible manner and they shall fulfil all their duties and responsibilities towards each other and their family members. It is also a term of the said settlement that the parties have amicably settled their disputes and have started living together.

8.

The respondent no.2, on a query put by the Court, affirms the fact that the parties are living together as husband and wife and states that she has no objection in case the FIR is quashed.

9.

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

would create further acrimony between them.

10.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 11.

Consequently, the petition is allowed and the FIR No.90/2024 under Sections 354D/506 IPC registered at Police Station Vasant Vihar alongwith all other proceedings emanating therefrom, is quashed. 12.

The petition stands disposed of in the above terms. 13.

Order be uploaded on the website of this court. VIKAS MAHAJAN, J MAY 28, 2024 N.S. ASWAL The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.