Nikhil Kumar Gola & ORS. v. State Of NCT Of Delhi & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5340/2024, CRL.M.A. 20416/2024 NIKHIL KUMAR GOLA & ORS.

.....Petitioners Through:

Mr. Kamal Garg, Mr. Chiragg Arora, Mr. Vishal Sharma, Ms. Hansika Airon, Advs. With petitioners.

versus STATE OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Digam Singh Dagar, APP for State and SI Manju, PS Vikaspuri.

Mr. Udit Nagar, Adv. With R-2.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 15.07.2024 1.

The present petition has been filed seeking quashing of FIR No. 195/2022 dated 8th February, 2022, under Sections 498-A/406/34 of the Indian Penal Code, 1860 (IPC), registered at Police Station Vikas Puri, Delhi, on the ground that the parties have settled their disputes. 2.

Petitioner no.1 is the husband of the respondent no.2 and the petitioners no.2 and 3 are family members of the petitioner no.1. The marriage of the petitioner no.1 and the respondent no.2 was solemnized on 11th December, 2020, as per Hindu rites and ceremonies. No child was born out of the said wedlock.

3.

Disputes arose between the petitioners and the respondent no.2, which resulted in filing of the present FIR by the respondent no.2 against the petitioners.

4.

Now, the parties have settled all their disputes in terms of the Memorandum of Understanding dated 31st January, 2022, which has been 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 18/07/2024 at 11:47:42

filed with the present petition. In terms of the settlement agreement, the parties have decided to live separately.

5.

Issue notice.

6.

Notice is accepted by the learned APP appearing on behalf of the State and the counsel appearing on behalf of the respondent no.2. 7.

The respondent no.2 is present in Court and has been identified by her counsel as well as by the Investigating Officer (IO). She informs the Court that she has settled the matter of her own free will and without any coercion. She further states that she has no objection to quashing of the FIR. 8.

The petitioners are also present in Court and have been identified by their counsel. They affirm the statement of the respondent no.2 and undertake to abide by the terms of settlement arrived at between the parties. 9.

Considering the above settlement between the parties and the chances of conviction of the petitioner being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Hence, it would be in the interest of justice to quash the aforementioned FIR and the proceedings pursuant thereto.

10.

Consequently, FIR No.195/2022 registered at Police Station Vikas Puri, Delhi and the proceedings pursuant thereto are quashed. 11.

The petition, along with the pending application, stands disposed of. AMIT BANSAL, J JULY 15, 2024/AR 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 18/07/2024 at 11:47:42