Sunder Devi & ORS. v. State NCT Of Delhi And ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5008/2024 SUNDER DEVI & ORS.
.....Petitioners Through:
Mr.
Vishnu Kant Pandey, Ms.
Durgawati Pandey, Ms.
Anshika Pandey and Ms. Harshita Sharma, Advs. along with petitioners.
versus STATE NCT OF DELHI AND ANR .....Respondents Through:
Mr. Aman Usman, APP for State.
R-2 in person.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 30.01.2025 CRL.M.A. 19143/2024 (exemption) 1.
Allowed, subject to all just exceptions.
2.
The application stands disposed of.
CRL.M.C. 5008/2024 3.
The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.328/2016 under Sections 498A/406/34 IPC registered at Police Station Welcome, Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement. 4.
Issue notice. The learned APP appearing on behalf of 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
objection in case the FIR in question is quashed. 5.
The petitioners, as well as, respondent no. 2 (wife) are present in the Court and they have been identified by the Investigating Officer. 6.
The brief facts of the case are that the marriage between Jitender and respondent no. 2 was solemnized on 15.02.2007 according to Hindu Rites and Customs.
7.
On account of certain misunderstanding between the parties, the respondent no. 2 lodged the aforesaid FIR.
8.
During the pendency of proceedings, the parties arrived at a settlement, terms whereof were reduced in writing in the form of Settlement Deed dated 04.06.2024, a copy of which is annexed as Annexure P-2 to the present petition.
9.
In terms of the said settlement, the parties amicably resolved all their disputes and started living together peacefully. 10.
It has been agreed between the parties that they shall cooperate with each other in all possible manner and they shall fulfil all their duties and responsibilities towards each other and their family members. 11.
The respondent no.2, on a query posed by the Court, affirms the fact that the parties are living together and states that she has no objection in case the FIR is quashed.
12.
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 would create further acrimony between them.
13.
It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 14.
Consequently, the petition is allowed and the FIR No.328/2016 under The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Sections 498A/406/34 IPC registered at Police Station Welcome, Delhi alongwith all other proceedings emanating therefrom, is quashed. 15.
The petition stands disposed of in the above terms. 16.
Order be uploaded on the website of this court. VIKAS MAHAJAN, J JANUARY 30, 2025 aj The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.