Amit Kumar v. State Govt Of NCT Of Delhi & ORS.

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4818/2024 AMIT KUMAR ..... Petitioner Through:

versus STATE GOVT OF NCT OF DELHI & ORS.

..... Respondents Through:

Mr. Pradeep Gahlot, APP for the State.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 31.05.2024 CRL.M.A. 18014/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 4818/2024 3.

The present petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of the petitioner seeking quashing of the case arising out of FIR bearing No. 101/2020, registered at Police Station Gulabi Bagh, for offence punishable under Section 363 of the Indian Penal Code, 1860 („IPC‟).

4.

Issue notice. Mr. Pradeep Gahlot, learned APP accepts notice on behalf of the State.

5.

Brief facts of the present case are that on the complaint of respondent no. 2, who is the brother of respondent no. 3, an FIR got registered at the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Police Station Gulabi Bagh. It is further stated that the parties have settled their disputes and the petitioner and respondent no. 3 married each other on 05.06.2021. The parties have been living together happily since then and are blessed with a child, who is about 03 years of age. It is also submitted that no allegations were levelled against the petitioner by respondent no. 3. In view of these circumstances and in view of the fact that the disputes have already been resolved, the present petition for quashing of FIR has been filed.

6.

Petitioner is present before this Court in-person and is identified by his counsel and Investigating Officer concerned. 7.

On the query made by this Court, respondent no. 3, 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.3 that the entire dispute has been amicably settled/compromised between them and they have been living together since they got married, along with the minor child. Respondent no. 3 further states 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. There is no legal impediment in quashing the FIR in question. 9.

Accordingly, FIR bearing No. 101/2020, registered at Police Station Gulabi Bagh, for offence punishable under Section 363 of the IPC and all consequential proceedings emanating therefrom are quashed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

The petition stands disposed of.

11.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MAY 31, 2024/at 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.