Sunil Kumar Panda And Others v. The Station House Officer & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2303/2024 SUNIL KUMAR PANDA AND OTHERS .....Petitioners Through:

Mr. Pankaj Kumar, Adv. with P-1 in person versus THE STATION HOUSE OFFICER & ANR.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel Mr. Kushank Sharma, Adv. for R-2 with R-2 in person IO in person

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 01.08.2024 CRL.M.A. 22500/2024(exemption) 1.

Allowed, subject to just exceptions.

2.

The application is accordingly disposed of.

W.P.(CRL) 2303/2024 3.

The present petition under Section 226 of 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. 361/2021, registered at Police Station Keshav Puram, delhi, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC'). 4.

Issue notice. Learned SC 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. Since 2017, the parties started residing separately. It is stated that on 06.04.2022, both the parties amicably settled all the disputes vide the MOU and it was interalia settled between the parties that petitioner no. 1 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 05/08/2024 at 12:21:21

shall pay a sum of Rs. 9,50,000/- to the respondent no. 2 as full and final amount. The parties have taken Divorce by Mutual Consent on 04.02.2023. It is also stated that the petitioner no. 1 has already paid Rs. 8,29,000 to respondent no. 2. In view of the settlement, the present petition has been filed.

6.

The petitioner No. 1 and the respondent No. 2 are present in person and the petitioners No. 2 to 4 are present before this Court through Video Conferencing today, and have been identified by their counsel and Investigating Officer concerned.

7.

He has handed over a Demand Draft bearing No. 641227 of State Bank of India in the sum of Rs. 1,21,000/- to the respondent No. 2. 8.

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. 9.

In view of the above facts, whereby 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 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.

10.

Accordingly, FIR bearing No. 361/2021, registered at Police Station Keshav Puram, delhi, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC') and all consequential proceedings emanating therefrom, are quashed.

11.

The petition stands disposed of.

NEENA BANSAL KRISHNA, J AUGUST 1, 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 05/08/2024 at 12:21:21