Subhash Thakur & ORS. v. State Of NCT Delhi & ANR.

$~57 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5373/2024 SUBHASH THAKUR & ORS.

.....Petitioners Through:

Mr. Amilendra Pandey, Advocate versus STATE OF NCT DELHI & ANR.

.....Respondents Through:

Mr. Satinder Singh Bawa, APP for the State

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 16.07.2024 CRL.M.A. 20562/2024(for exemption) 1.

For the reasons stated therein, the application is allowed. 2.

The Application is accordingly disposed of.

CRL.M.C. 5373/2024 3.

The present petition under Section 482of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of the petitioners seeking quashing of the case arising out of FIR bearing No. 1418/2018, registered at Police Station Nihal Vihar, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC'). 4.

Issue notice. Learned APP accepts notice on behalf of the State. 5.

A request for quashing of the FIR has been made on account of the Settlement inter se the parties. It is stated that no child was born out of the said wedlock. It is stated that the parties had divorced by mutual consent on 14.05.2021, both the parties amicably settled all the disputes and differences via Settlement Deed dated 11.10.2023 and it was interalia settled between the parties that petitioner no. 1 shall pay a sum of Rs. 15,00,000/- to the 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 14:06:22

respondent no. 2 as full and final amount. It is also stated that the petitioner no. 1 has already paid Rs. 10,00,000 to respondent no. 2 and has paid the remaining Rs.5,00,000 in Court vide Demand Draft No.003567. The petitioners have also handed over the Aadhar card, copy of the diary and one Yantra to the respondent. In view of the settlement, the present petition has been filed.

6.

The parties are present before this Court in person today, and have been identified by the Investigating Officer concerned. 7.

Today, the complainant who is present in Court states that she has received all amounts due to her and has no objection if the FIR is quashed. 8.

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

9.

Accordingly, FIR bearing No. 1418/2018, registered at Police Station Nihal Vihar, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC') and all consequential proceedings emanating therefrom are quashed.

10.

The petition stands disposed of.

NEENA BANSAL KRISHNA, J JULY 16, 2024/PT 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 14:06:22