Amit Kumar And ORS. v. Govt Of NCT Of Delhi Through Its Chief Secretary And ANR.
$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4552/2024 AMIT KUMAR AND ORS.
..... Petitioners Through:
Mr. Prince Kumar and Ms. Garima Singh, Advs.
versus GOVT OF NCT OF DELHI THROUGH ITS CHIEF SECRETARY AND ANR.
..... Respondents Through:
Mr. Raj Kumar, APP for State with ASI Jitender and SI Akash Kumar, PS. Bhajanpura.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 29.05.2024 CRL.M.A. 17138-40/2024 (exemptions) 1.
Allowed, subject to all just exceptions.
2.
Applications stand disposed of.
CRL.M.C. 4552/2024 3.
The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.314/2019 under Sections 498A/406/34 IPC and Sections 3/4 of Dowry Prohibition Act, 1961 registered at Police Station Bhajanpura and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement. 4.
Issue notice. The learned APP for the State accepts notice. He submits that since the FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
question is quashed.
5.
The petitioner no.1 (husband) and the petitioner nos. 2 to 6, who are close relatives of petitioner no.1, as well as, respondent no. 2 (wife) have joined through VC and they have been identified by their respective counsel and by the Investigating Officer ASI Jitender and SI Akash Kumar, PS. Bhajanpura.
6.
The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 27.06.2012 according to Hindu Rites and Customs. Out of the said wedlock, one male child was born on 08.08.2015.
7.
On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 23.05.2017. The dispute between the parties also led to the registration of present FIR. 8.
During the pendency of the proceedings, the parties arrived at a settlement, terms whereof were reduced in writing in the form of Memorandum of Understanding dated 20.04.2024, which is annexed as Annexure P-2 to the present petition. The petition is also supported by the affidavit of the respondent no.2.
9.
It is borne out from the settlement that the petitioner no.1 and respondent no.2 have decided to reside together as husband and wife. The petitioner no.1 and the respondent no.2, who have joined through VC affirm that now they are residing together as husband and wife. 10.
On a query put by the Court, the respondent no.2 states that she has no objection in case the FIR in question is quashed. 11.
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.
12.
It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 13.
Consequently, the petition is allowed and the FIR No.314/2019 under Sections 498A/406/34 IPC and Sections 3/4 of Dowry Prohibition Act, 1961 registered at Police Station Bhajanpura alongwith all other proceedings emanating therefrom, is quashed.
14.
The petition stands disposed of in the above terms. 15.
Order be uploaded on the website of this court. VIKAS MAHAJAN, J MAY 29, 2024/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.