Krishan Singh Chandila And ORS v. The State Of NCT Of Delhi And ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2107/2024 KRISHAN SINGH CHANDILA AND ORS .....Petitioners Through:
Mr. Surender Kumar, Mr. Pawan Kumar, Me. Mehtab Bidhuri, Ms.
Shelly Dutta and Mr.
Mohit, Advocates.
versus THE STATE OF NCT OF DELHI AND ANR .....Respondents Through:
Mr. Sanjay Lao, Standing Counsel (Crl.) with Mr. Abhinav Kumar Arya, Advocate for the State with SI Sachin and ASI Jitender, PS Fatehpur Beri.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R
% 15.07.2024 CRL.M.A. 20417/2024 (Exemption) 1.
Exemption allowed, subject to all just exceptions. 2.
The application stands disposed of.
W.P.(CRL) 2107/2024 3.
The Petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the petitioners, for quashing of FIR No. 270/2024 under Sections 498A/406/34 of IPC and 3/4 of Dowry Prohibition Act, registered at Police Station Fatehpur Beri and all the proceedings emanating from the said FIR.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
Issue notice.
5.
Mr. Sanjay Lao, learned Standing Counsel (Criminal) 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 22.02.2015, according to Hindu rites and ceremonies and no child was born out of the said wedlock. 7.
It is submitted in the Petition that the parties have amicably settled all the disputes and differences between them and arrived at Settlement vide Memorandum of Understanding (MOU) dated 04.06.2024. The parties are residing together since May, 2024 and there have no further disputes. 8.
On a specific query, learned counsel appearing on behalf of the respondent, has explained that she had filed a complaint in the year 2018 but the FIR on the said complaint had been registered only in the year 2024. During this period, she had twice gone back to stay in the matrimonial home for substantial period but because of the interference of the family members, small disputes arose, which led to the making of the complaint. It is further submitted that the parties have now re-united and the petitioner No. 1 along with the respondent, are residing separately from the other family members in Old Faridabad and is supporting the respondent No. 2. 9.
In view of the Settlement Deed dated 04.06.2024, the present Petition has been filed.
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 settled vide MOU dated 04.06.2024 and thus, no fruitful purpose will be The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
served in continuing with the FIR.
12.
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 MOU dated 04.06.2024 and they also submit that the said MOU dated 04.06.2024 has been arrived at between the parties without any pressure and coercion. The parties undertake to remain bound by their MOU dated 04.06.2024.
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. 270/2024 under Sections 498A/406/34 of IPC and 3/4 of Dowry Prohibition Act, registered at Police Station Fatehpur Beri and all consequential proceedings emanating therefrom are quashed. 16.
The petition stands disposed of.
NEENA BANSAL KRISHNA, J JULY 15, 2024/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.