Shantu & ORS. v. The State Gnct Of Delhi & ANR.

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5637/2022 SHANTU & ORS.

.....Petitioners Through:

Mr. Aman Kapoor, (D-5407/2021) Advocate with Petitioners-in-person versus THE STATE GNCT OF DELHI & ANR.

.....Respondents Through:

Mr. Shoaib Haider, APP for the State.

W/SI Sonia Sehrawat, PS Bharat Nagar Respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 23.08.2024 1.

The Petitioners have approached this Court for quashing FIR No.427/2019 dated 02.09.2019 registered at Police Station Bharat Nagar for offences under Section 498A/406/34 IPC on the ground that the parties have amicably settled their disputes. The present proceedings arise out of a matrimonial dispute between the parties.

2.

The principal ground on which the present petition has been filed is that the parties have amicably resolved their disputes by a Memorandum of Understanding dated 23.11.2020 entered into between the parties. 3.

It is stated that the parties have decided to dissolve their marriage by a decree of divorce by mutual consent and that the settlement has been entered 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 29/08/2024 at 12:24:44

into between the parties without any monetary consideration. 4.

The Petitioners and Respondent No.2/Complainant are present in Court today. The parties have been identified by the Investigating Officer. Respondent No.2/Complainant has also filed an affidavit affirming the fact that all the disputes with the Petitioners have been amicably settled. She states that she has settled all her disputes with the Petitioners out of her own free will, without pressure, coercion or undue influence. 5.

Considering the fact that the dispute is a matrimonial in nature and the parties have amicably settled all their disputes, the present case is squarely covered under the law laid down by the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303. In view of the settlement arrived at between the parties, this Court is of the opinion that no useful purpose will be served in continuing with the present proceedings. Resultantly, FIR No.427/2019 dated 02.09.2019 registered at Police Station Bharat Nagar for offences under Section 498A/406/34 IPC 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. 6.

The petition stands disposed of with the above observations along with pending application(s), if any.

SUBRAMONIUM PRASAD, J AUGUST 23, 2024 hsk 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 29/08/2024 at 12:24:44