Anant Mishra & ORS. v. State (NCT Of Delhi) Through Sho Ps Gandhi Nagar

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5084/2024 ANANT MISHRA & ORS.

.....Petitioners Through:

Mr. H.K. Pandey, Advocate with petitioners in person.

versus STATE (NCT OF DELHI) THROUGH SHO PS GANDHI NAGAR .....Respondent Through:

Mr. Satinder Singh Bawa, APP for State.

S.I. Gajal Chugh, PS Krishna Nagar, Delhi & S.I. Bhawna, PS Gandhi Nagar, Delhi.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 08.07.2024 1.

The present 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. 196/2023 registered under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC, 1860") at Police Station Gandhi Nagar, Delhi.

2.

Issue notice.

3.

Mr. Satinder Singh Bawa, learned Additional Public Prosecutor appearing on advance notice, accepts notice on behalf of the State. 4.

Brief facts of the case are that the marriage was solemnized between The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioner No. 1 and respondent No. 2 on 27.04.2022 according to Hindu rites and ceremonies and one girl child is born from the said wedlock. 5.

It is further submitted that on 25.05.2023 on the complaint of respondent No. 2, FIR No. 196/2023 registered under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC, 1860") at Police Station Gandhi Nagar, Delhi 6.

It is also submitted that the CT Case No. 226/2023 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 was filed by the respondent No. 2/wife, wherein the parties were referred to mediation, where the parties, with the mutual consent, have amicably settled all the disputes and differences between them vide Settlement Deed dated 12.03.2024 in the Mediation Centre, Karkardooma Court, Delhi which inter alia states that: - (i) That the respondent No. 2/wife and the petitioner No. 1/husband are residing happily with their girl child, (ii) That the petitioner No. 1 shall pay the rent of the rented premise from his pocket, (iii) The petitioner No. 1 shall maintain the respondent No. 2 and the girl child, including their food, medical expenses, clothing as well as education and marriage expenses of the child and other day-to-day financial requirements (iv) That all the pending cases against the petitioners shall be withdrawn by the respondent No. 2.

7.

It is further stated that the parties are residing happily pursuant to the settlement.

8.

In view of the Settlement Deed dated 12.03.2024, the present petition The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

has been filed.

9.

The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. 10.

The parties have submitted that all the disputes have been amicably settled vide Settlement Deed dated 12.03.2024 and thus, no fruitful purpose will be served in continuing with the FIR.

11.

The present petition has been signed by all the petitioners and is supported by their respective affidavits. The parties have reaffirmed the terms of the settlement arrived at vide Settlement Deed dated 12.03.2024 and they also submit that the said settlement has been arrived at between the parties without any pressure and coercion.

12.

Today, the complainant/respondent No. 2/wife, who is present in Court, states that she has settled all the disputes and is living happily with the petitioner No. 1 and she has no objection if the FIR is quashed. 13.

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. 14.

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

15.

Accordingly, FIR No.

196/2023 registered under Sections 498A/406/34 of IPC, 1860 at Police Station Gandhi Nagar, Delhi for offences punishable under Sections 498A/406/34 of IPC, 1860 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.

16.

The petition stands disposed of.

NEENA BANSAL KRISHNA, J JULY 8, 2024 S.Sharma The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.