Surender Pal And ANR v. The State (NCT Of Delhi) And ANR.
$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6397/2022 SURENDER PAL AND ANR .....Petitioners Through:
Mr.
Manoj Kumar Lohat (D1439/2000) and Mr. Bikram Singh, Advocates along with Petitioners in person.
versus THE STATE (NCT OF DELHI) AND ANR.
.....Respondents Through:
Mr. Shoaib Haider, APP for the State with SI Kuldeep Singh, P.S:
Mangolpuri.
Mr. Pawan Kumar Gupta, Advocate for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R
% 27.08.2024 1.
The present petition under Section 482 Cr.P.C has been filed by the Petitioners for quashing FIR No.361/2019 dated 03.04.2019, registered at Police Station Mangol Puri for offences punishable under Sections 498A/406/34 IPC. The present FIR is the outcome of a matrimonial dispute between the parties. The Respondent No.2 is the Complainant and the Petitioner No.1 is the husband of the Complainant. 2.
The principal ground on which the present petition has been filed is that the parties have settled their dispute vide a Settlement Agreement dated 20.09.2019. It is stated the parties had filed a petition for divorce by mutual consent before the Ld. Family Court, North West, Rohini Courts, Delhi and by a Judgment and Decree dated 24.01.2020, the marriage between the complainant/Respondent No.2 and the Petitioner No.1/husband stands CRL.M.C. 6397/2022 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 02/09/2024 at 12:17:34
dissolved. It is stated that both the parties have re-married. 3.
Today, the parties are present in Court. The Petitioners have been identified by their Counsel and the Investigating Officer. The Respondent No.2/complainant has been identified by her Counsel and the Investigating Officer. The Complainant/Respondent No.2 states that she has settled all her matrimonial disputes with the Petitioners out of her own free will, without pressure, coercion or undue influence and states that she does not want to pursue the present case any further and requests that the present FIR and the proceedings emanating therefrom may be quashed. The parties undertake that they will remain bound by the settlement and proceedings recorded before this Court.
4.
Considering the fact that the dispute is a matrimonial dispute and the parties have amicably settled 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 satisfied that no useful purpose would be served in continuing with the present proceedings. Resultantly, the FIR No.361/2019 dated 03.04.2019, registered at Police Station Mangol Puri for offences punishable under Sections 498A/406/34 IPC and the proceedings emanating therefrom are hereby quashed.
5.
The petition stands disposed of in above terms, along with pending application(s), if any.
SUBRAMONIUM PRASAD, J AUGUST 27, 2024 S. Zakir CRL.M.C. 6397/2022 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 02/09/2024 at 12:17:34