Manveer & ORS. v. State (NCT Of Delhi) & ANR.

$~42 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5076/2024 MANVEER & ORS.

.....Petitioners Through:

Mr. Dinesh Kr. Gupta, Mr. Rahul Chauhan, Ms. Megha Brijwari, Ms.

Megha and Mr.

Rohit Tomar, Advocates with petitioners.

versus STATE (NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Hemant Mehla, APP for the State.

Ms. Aayushi, Ms. Renu Bhartiya, Ms.

Anjali, Ms. Jyoti Dabral and Ms.

Disha Sharma, Advocates for R2 with R2 in person.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 05.07.2024 CRL.M.A. 19390/2024 (Exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The application stands disposed of.

CRL.M.C. 5076/2024 3.

The Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C., 1973") has been filed on behalf of the petitioners, seeking to quash the FIR No. 0466/2022 for the offence punishable under Sections 406/498A/34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC, 1860") registered at Police Station Karawal The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Nagar.

4.

Issue notice.

5.

Mr. Hemant Mehla, learned Additional Public Prosecutor appearing on advance notice, accepts notice on behalf of the State. 6.

Brief facts of the case are that the marriage was solemnized between petitioner No. 1 and respondent No. 2 on 19.04.2019, according to Hindu rites and ceremonies.

7.

It is further submitted that on 26.10.2022, on the complaint of respondent No. 2, an FIR No. 0466/2022 for the offence punishable under Sections 406/498A/34 of the IPC, registered at Police Station Karawal Nagar.

8.

It is stated that the petitioner No. 1 and the respondent No. 2 have amicably settled all the disputes and differences between them. It was inter alia settled between the parties that the respondent No. 2/wife and the petitioner No. 1/husband shall dissolve their marriage by decree of mutual consent. It is stated that petitioner No. 1/husband shall pay a sum of Rs. 4,25,000/- towards full and final settlement of all the claims of the respondent No. 2/wife. It is also stated that the petitioner No. 1 has already paid Rs. 4,25,000/- to respondent No. 2/wife, at the time of recording of statements in First Motion Petition under Section 13(b) of the Hindu Marriage Act, 1955 of the Hindu Marriage Act, 1955. 9.

It is also stated that on 03.05.2024, the marriage between petitioner No. 1 and respondent No. 2 had been dissolved as per Hindu law. 10.

The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. 11.

The parties have submitted that all the disputes have been amicably The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

settled and thus, no fruitful purpose will be served in continuing with the FIR.

12.

The present petition has been signed by all the petitioners and is supported by their respective affidavits.

13.

Today, the complainant/respondent No. 2/wife, who is present in Court, states that she has received all amounts due to her and has no objection, if the FIR is quashed.

14.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. 15.

Moreover, there is no legal impediment in quashing the FIR in question.

16.

Accordingly, FIR No. 0466/2022 for the offence punishable under Sections 406/498A/34 of the IPC, 1860, registered at Police Station Karawal Nagar and all consequential proceedings emanating therefrom are quashed. 17.

The petition stands disposed of.

NEENA BANSAL KRISHNA, J JULY 5, 2024/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.