Vivek Kumar Singh And ORS v. State Through Sho Ps Harsh Vihar And ANR

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1745/2024 VIVEK KUMAR SINGH AND ORS ..... Petitioners Through:

Mr. Siddharth Pandit, Mr. Vishwa Prakash Rai and Mr. Vipin Kumar, Advs with petitioners in person.

versus STATE THROUGH SHO PS HARSH VIHAR AND ANR ..... Respondents Through:

Mr. Anand V. Khatri, ASC for the State along with SI Shiv Dayal Kumar, P.S. Harsh Vihar.

Mr. M.S. Bhana, Adv for R-2 with R2 in person.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 29.05.2024 CRL.M.A. 17025/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(CRL) 1745/2024 3.

The instant writ petition under Article 226 of the Constitution of India read with 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. 148/2021, registered at Police Station Harsh Vihar, New Delhi for the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

offences punishable under Sections 498A/406/506/34 of the Indian Penal Code, 1860 ('IPC') and all consequential proceedings emanating therefrom. 4.

Issue notice. Mr. Anand V. Khatri, learned ASC accepts notice on behalf of the State.

5.

Petitioners are present before this Court and have been identified by their counsel Mr. Siddharth Pandit and Investigating Officer (IO) SI Shiv Dayal Kumar from Police Station Harsh Vihar, New Delhi. 6.

Brief facts of the present case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 13.12.2017 as per Hindu rites and ceremonies. It is stated that on 07.04.2019, respondent No. 2 had left her matrimonial home and started living at her parental house. It is stated that on the complaint made by respondent no. 2, the present FIR was registered against the petitioners. It is stated that during the pendency of the case, both the parties had arrived at settlement before the learned Principal Judge, Family Court, Karkardooma Court, North-East, Delhi on 23.03.2024 and since then the parties are living together.

7.

On a 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.

8.

Today, the complainant who is present in Court states that she has no objection, if the FIR is quashed.

9.

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

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. 10.

Accordingly, FIR bearing no. 148/2021, registered at Police Station Harsh Vihar, New Delhi for the offences punishable under Sections 498A/406/506/34 of IPC and all consequential proceedings emanating therefrom are quashed.

11.

In view of above, the petition stands disposed of. 12.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MAY 29, 2024/A 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.