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High Court of DelhiCRL.M.C./5102/2022

Kamal Sharma & ORS. v. State (Govt. Of NCT Of Delhi) And ANR.

2024-01-25Hon'Ble Mr. Justice Navin Chawla2 pages

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5102/2022 KAMAL SHARMA & ORS.

..... Petitioners Through:

Ms.Pooja Gupta, Adv. (through VC) versus STATE (GOVT. OF NCT OF DELHI) AND ANR.

..... Respondents Through:

Mr.Shoaib Haider, APP with W/SI Himanshi and ASI Tara Chand

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 25.01.2024 1.

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No.0132/2020 registered at Police Station: Ranhola, Outer District, Delhi, under Sections 498A/406/34 of the Indian Penal Code, 1860 (in short, 'IPC'), on the basis of a purported settlement. 2.

The plea of the settlement is premised on an affidavit/NOC of the respondent no. 2 dated 30.07.2022, which inter alia records that the petitioner no. 1 and the respondent no. 2 have amicably settled their disputes and have started living together. 3.

Today, the learned counsel for the petitioners submits that the respondent no. 2 is not contactable. It, therefore, appears that the respondent no. 2 is not interested in having the FIR No.0132/2020 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/06/2024 at 11:27:47

registered at Police Station: Ranhola Outer-District, Delhi, under Sections 498A/406/34 of the IPC quashed on the ground of the purported amicable settlement. It is also apparent that she is not residing with the petitioner no. 1, as claimed in the petition. 4.

In view of the above, this petition would no longer survive. The petition is accordingly dismissed.

5.

The petitioners shall, however, be at liberty to move an appropriate application for seeking revival of this petition in case the respondent no. 2 still has no objection on the quashing of the FIR. Otherwise also, the dismissal of the present petition shall not in any manner prejudice the petitioners to avail of their remedies in accordance with law.

NAVIN CHAWLA, J JANUARY 25, 2024/ns/ss 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. The Order is downloaded from the DHC Server on 15/06/2024 at 11:27:47