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High Court of DelhiCRL.M.C./5959/2024

Sanjay Gupta & ORS. v. The State Of NCT Of Delhi And ANR.

2024-08-02Hon'Ble Ms. Justice Neena Bansal Krishna3 pages

$~56 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5959/2024 SANJAY GUPTA & ORS.

.....Petitioners Through:

Mr. Parth Bhardwaj, Mr. Tarun Gaur, Mr. Abhishek, Mr. Hitesh Mehta with petitioners in person versus THE STATE OF NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Satinder Singh Bawa, APP for the State with SI Roviene PS Shakarpur Mr. Atul Sharma, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 02.08.2024 CRL.M.A. 22778/2024(exemption) 1.

Allowed, subject to just exceptions.

2.

The Application is accordingly disposed of.

CRL.M.C. 5959/2024 1.

The present petition under Section 528, BNSS has been filed jointly on behalf of the petitioners seeking quashing of the case arising out of FIR bearing No. 0435/2022 dated 16.05.2022, registered at Police Station The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Shakarpur, for offences punishable under Sections 498A/406/354/34 of the Indian Penal Code, 1860 ('IPC').

2.

Issue notice. Learned APP accepts notice on behalf of the State. 3.

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. It is stated that on 16.07.2024, the parties divorced mutually. Both the parties amicably settled all the disputes and differences vide MOU dated 20.03.2024 before Mediation Centre, Karkardooma Courts, New Delhi and it was interalia settled between the parties that petitioner no. 1 shall pay a sum of Rs. 5,00,000/- to the respondent no. 2 as full and final amount. It is also stated that the petitioner no. 1 has already paid Rs. 3,50,000/- to respondent no. 2 and has paid the remaining amount of Rs.1,50,000/- vide Demand Draft bearing No. 003860, which has been handed over to the respondent No. 2 in the Court today.

4.

The parties are present in person today, and have been identified by their counsel and Investigating Officer concerned. 5.

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. All the parties endorse and state that they shall remain bound by the terms of Settlement dated 20.03.2024.

6.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion, hence, 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.

7.

Accordingly, FIR bearing No. 0435/2022 dated 16.05.2022, registered The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

at Police Station Shakarpur, for offences punishable under Sections 498A/406/354/34 of the Indian Penal Code, ('IPC') and all consequential proceedings emanating therefrom are quashed. 8.

The petition stands disposed of.

NEENA BANSAL KRISHNA, J AUGUST 2, 2024/PT The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.