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High Court of DelhiW.P.(CRL)/3319/2023

Mukul Verma & ORS. v. State Govt. Ofnct Of Delhi And ANR.

2024-01-30Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3319/2023 MUKUL VERMA & ORS.

..... Petitioners Through:

Mr. Manish Kumar and Mr. Naresh Kumar, Advocates versus STATE GOVT. OFNCT OF DELHI AND ANR. ..... Respondents Through:

Ms. Anuka Bachawat, Advocate for Ms. Nandita Rao, ASC for the State with SI Raghubir, P.S. Naraina.

Mr.

Anirudh Tanwar and Mr.

Ashwani Kumar Tanwar, Advocates for R-2

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 30.01.2024 1.

The instant petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been filed by the petitioners praying for quashing of FIR bearing No. 100/2021, registered at Police Station Naraina, Delhi, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 („IPC‟) and all consequential proceedings emanating therefrom. 2.

Issue notice. Ms. Anuka Bachawat, learned counsel appearing on behalf of Ms. Nandita Rao, learned ASC accepts notice on behalf of the State.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

Brief facts of the case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized as per Hindu rites and ceremonies in Delhi, on 24.04.2015. No child was born out of the said wedlock. On 25.05.2020, respondent no. 2 left the residence of petitioner no. 1 and both started living separately from each other. On the complaint of respondent no. 2, the present FIR bearing no. 100/2021, was registered at Police Station Naraina, Delhi for the offences punishable under Sections 498A/406/34 of IPC against petitioners. It is stated that the entire dispute has been amicably settled/compromised between the parties before Delhi Mediation Centre, Patiala House Court, New Delhi vide Settlement Deed dated 12.08.2021. It is stated that respondent no. 2 has received the remaining settled amount i.e. Rs. 1 lakh from the petitioner no.1 vide DD No. 875726 drawn on IDBI Bank, Baljeet Vihar.

4.

Petitioners are present before this Court and have been identified by their counsel Mr. Manish Kumar and Investigating Officer (IO) SI Raghubir from Police Station Naraina, Delhi.

5.

On the query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent No.2 that the entire dispute has been amicably settled/compromised between the parties before Delhi Mediation Centre, Patiala House Court, New Delhi vide Settlement Deed dated 12.08.2021 entered into between them. Respondent no. 2 further stated that she has no objection if the present FIR is quashed. 6.

It is submitted that respondent no.2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

items and claims of past, present and future maintenance and permanent alimony with petitioner no.1 and other family members. 7.

In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 8.

Accordingly, FIR bearing No. 100/2021, registered at Police Station Naraina, Delhi, for offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed. 9.

The petition stands disposed of.

10.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J JANUARY 30, 2024/zp Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.