Ajeet & ORS. v. State ( NCT Of Delhi) & ANR.
$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5157/2024 AJEET & ORS.
.....Petitioners Through:
Ms. Manu Sethi, Ms. Akriti Sethi, Advs.
versus STATE ( NCT OF DELHI) & ANR.
....Respondents Through:
Ms. Richa Dhawan, APP SI Sonu Kr. Jha, PS Amdebkar Nagar
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R
% 08.07.2024 CRL.M.A. 19662/2024 (Exemption) Allowed, subject to all just exceptions.
CRL.M.C. 5157/2024 & CRL.M.A. 19661/2024 1.
The present petition under Section 482 of the Code of Criminal Procedure (Cr.P.C.) has been filed for quashing FIR No.458/2016 dated 08.08.2016 registered at Police Station Ambedkar Nagar, Delhi for the offences punishable under Sections 498-A, 34 IPC & Section 3,4 of Dowry Prohibition Act. The present FIR is the outcome of a matrimonial dispute between the parties.
2.
Respondent No.2 is the Complainant, Petitioner No.1 is the husband of the Complainant, Petitioners No.2, 3 & 4 are the family members of the Petitioner.
3.
The principal ground on which present petition is filed is that the CRL.M.C. 5157/2024 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
parties have amicably settled their disputes. Parties state that in terms of the settlement, the parties filed a petition being HMA No.700/2019 for divorce by mutual consent before the Principal Judge, Family Courts, Saket Courts and by a judgment and decree dated 03.05.2019 the marriage between the Complainant/Respondent No.2 and the Petitioner No.1/husband stands dissolved.
4.
The Complainant/Respondent No.2, who is present in Court, states that the claims and grievances of the complainant against the Petitioners in the abovementioned FIR stands settled. It is also stated that the complainant does not have any objection if the FIR against the Petitioners is quashed as she has already settled her claims due to her. 5.
Today, the parties are present in Court. The Petitioners have been identified by their respective counsel and the complainant has been identified by the Investigating Officer. The Complainant/Respondent No.2 states that she has settled all her matrimonial disputes with the Petitioner No.1 out of her own free will, without pressure, coercion or undue influence and states that she does not want to pursue with the present case any further and request that the present FIR and the proceedings emanating therefrom may be quashed. The parties undertake that they will remain bound by the terms of the settlement arrived at between them before the Family Court and the proceedings recorded before this Court.
6.
The parties understand the implication of the present proceedings. In view of the settlement arrived at between the parties and in view of the fact that the instant case is squarely covered by the law laid down by the Supreme Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303, this Court is satisfied that no useful purpose will be served in continuing with the CRL.M.C. 5157/2024 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
present proceedings. Resultantly, the FIR No.458/2016 dated 08.08.2016 registered at Police Station Ambedkar Nagar, Delhi for the offences punishable under Sections 498-A, 34 IPC & Section 3,4 of Dowry Prohibition Act and the proceedings emanating therefrom are hereby quashed. The parties shall remain bound by the terms of the settlement and the undertaking given to the Court.
7.
The petition stands disposed of in above terms. SUBRAMONIUM PRASAD, J JULY 8, 2024 Rahul CRL.M.C. 5157/2024 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.