Pankaj Gautam & ANR. v. State & ANR.

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4569/2022 PANKAJ GAUTAM & ANR.

.....Petitioners Through:

Mr.

Ravish Dua, Dr.

Anurag Bhardwaj, Mr. Ankit Attray, Ms.

Ananya Paliwal, Advocates versus STATE & ANR.

.....Respondents Through:

Mr. Naresh Kumar Chahar, APP for the State with SI Bharat Singh, P.S.

Uttam Nagar.

Respondent no. 2-in-person (through VC)

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 06.03.2025 1.

The instant petition has been filed by the petitioners, praying for quashing of FIR bearing No. 1164/2015, registered at Police Station Uttam Nagar, Delhi, for the offences punishable under Sections 307/328/498A/34 of the Indian Penal Code, 1860 (hereafter 'IPC'). 2.

Issue notice. Mr. Naresh Kumar Chahar, the learned APP accepts notice on behalf of the State.

3.

All the petitioners are present before this Court and have been identified by their counsel Mr. Ravish Dua and Investigating Officer (IO) concerned SI Bharat Singh, Police Station, Uttam Nagar, Delhi. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Brief facts of the case are that the marriage between the petitioner no.1 and the respondent no. 2 was solemnized at Delhi on 05.12.2011, in accordance with Hindu rites. One child was born out of the said wedlock on 21.07.2014. It is further stated that after their marriage, some temperamental differences had arisen between the petitioner no.1 and respondent no. 2. Consequently, they started living separately. A complaint was made by respondent no. 2 which resulted in the present FIR bearing No. 1164/2015, registered at P.S. Uttam Nagar, Delhi under Sections 307/328/498A/34 of IPC against the petitioners. On 23.03.2016, the father of the petitioner no. 1 and husband of petitioner no. 2 had expired. It is stated that with intervention of the family and friends, both the parties have amicably settled their dispute vide Settlement Deed dated 06.08.2021. 5.

On a query made by this Court, respondent no.2 (through VC) who has been identified by the IO, has categorically stated that she has agreed to compromise out of her own free will and without any pressure, coercion or threat. Further, it is also stated by respondent no.2 that the entire dispute has been amicably settled/compromised the parties and therefore, respondent no. 2 has no objection if FIR may be quashed.

6.

It is submitted that respondent no.2 has settled all her claims vis-a-vis her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with petitioner and other family members.

7.

In view of the above, the parties have amicably resolved their differences by their own free will, and without any coercion, no useful purpose will be fulfilled by continuing the proceedings, rather the same would create further acrimony between them. It would thus, be in interest of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 8.

Accordingly, FIR bearing No. 1164/2015, registered at Police Station Uttam Nagar, Delhi, for the offences punishable under Sections 307/328/498A/34 of IPC and all consequential proceedings emanating therefrom are quashed.

9.

Accordingly, the present petition stands disposed of. 10.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MARCH 6, 2025/zp 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.