Raghvendra Mishra & ORS. v. The State Of NCT Of Delhi & ANR.

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5729/2024 RAGHVENDRA MISHRA & ORS.

.....Petitioners Through:

Mr. Shubhanshu Singh, Mr. Suman Kumar, Mr. Shailesh Kumar Singh and Mr. Amit Kumar Singh, Advs.

with petitioner no.1 in person.

Petitioner nos. 2 - 5 (through VC) versus THE STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Nawal Kishore Jha, APP for State with W/SI Manisha PS Mandawali Mr. Rajesh Kabir, Ms. Lisa Singh, Advs. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 27.01.2025 1.

The present petition has been filed under Section 482 CrPC seeking quashing of FIR No. 432/2021 under Sections 498A/406/34 IPC registered at Police Station Mandawali Fazal Pur, District East Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

2.

Notice in the petition was issued vide order dated 26.07.2024. The learned APP for the State submits that since the FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement, the State has The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

no objection in case the FIR in question is quashed. 3.

The petitioner no.1 (husband), as well as, respondent no. 2 (wife) are present in the Court whereas petitioner nos. 2 - 5, who are close relatives of petitioner no. 1 have joined through VC. The parties have been identified by their respective counsel, as well as, by the Investigating Officer W/SI Manisha PS Mandawali.

4.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 19.04.2019 according to Hindu Rites and Customs. Out of the said wedlock, no child was born. 5.

On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 24.02.2022. The dispute between the parties also led to the registration of present FIR. 6.

During the pendency of the proceedings, the parties were referred to Delhi Mediation Centre, Karkardooma Courts, Delhi where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement Agreement dated 27.07.2023, which is annexed as Annexure P-2 to the present petition.

7.

In terms of the said settlement, the parties amicably resolved all their disputes and started living together peacefully. 8.

It has been agreed between the parties that they shall cooperate with each other in all possible manner and they shall fulfil all their duties and responsibilities towards each other and their family members. 9.

The respondent no.2, on a query posed by the Court, affirms the fact that the parties are living together as husband and wife and states that she has no objection in case the FIR is quashed.

10.

In view of the fact that the parties have arrived at a settlement, no useful The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

11.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.

12.

Consequently, the petition is allowed and the FIR No. 432/2021 under Sections 498A/406/34 IPC registered at Police Station Mandawali Fazal Pur, District East Delhi alongwith all other proceedings emanating therefrom, is quashed.

13.

The petition stands disposed of in the above terms. 14.

Order be uploaded on the website of this court. VIKAS MAHAJAN, J JANUARY 27, 2025 N.S. ASWAL The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.