Manoj v. The State & ANR.

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8430/2023 MANOJ ..... Petitioner Through: Mr G. S. Goswami, Advocate with mother of the petitioner in person versus THE STATE & ANR.

..... Respondents Through: Mr. Aashneet Singh, APP for State with SI Mahesh Respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 01.03.2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.297/2023 registered under Sections 307 IPC at P.S. Dayalpur, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, the petitioner attacked the victim with a hammer as a result of which she sustained injuries. 3.

Learned APP for the State submits that in the present case the petitioner is the only accused and respondent No. 2 is the complainant/victim.

4.

Learned counsel for the petitioner submits that the parties are married to each other and have two children aged about 11 and 17 years. 5.

The respondent/complainant is present in Court and has been identified by the Investigating Officer. She states that the incident occurred on the spur of the moment without their being any pre-mediation. She further states that the petitioner has since been in custody and has repeatedly 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 02/03/2024 at 11:48:30

regretted the incident. She also states that she does not wish to pursue the subject FIR against the petitioner and wishes to lead a peaceful matrimonial life with her husband. She further states the statement made today is out of her own free will, volition and without any coercion. She has also handed over her Gate pass in token of her presence and making the above noted statement.

6.

Learned counsel for the petitioner submits that no other proceedings are pending between the parties. It is also informed that no other case is pending between the parties or against the petitioner, who is the sole bread earner.

7.

Considering that parties are married to each other and having two children, this Court is of the considered opinion that in the interest of justice, the aforesaid FIR and the consequent proceedings arising therefrom be quashed.

8.

As a necessary sequitur, the petitioner, who is presently in the custody, is directed to be released, if not required in any other case. The bail bonds are cancelled and surety is discharged. 9.

With the above directions, the petition is disposed of. 10.

Let a copy of this order be communicated to the concerned Jail Superintendent for information and necessary compliance. MANOJ KUMAR OHRI, J MARCH 1, 2024/na 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 02/03/2024 at 11:48:30