Sarabjeet Singh Makkar & ORS. v. The State Of NCT Of Delhi And ANR.

$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2335/2024 SARABJEET SINGH MAKKAR & ORS.

.....Petitioners Through:

Mr. Upender Kumar and Mr. Ajit Ravi, Advocates for P-1.

Mr. Raj Kumar (D/419/03) & Mr.

Sancheet Sharma (D/5450/2018), Advocates for P-2 to with Petitioners.

versus THE STATE OF NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Yasir Rauf Ansari, ASC for the State with Mr. Alok Sharma, Mr. Atul Sharma and Mr. Vasu Agarwal, Advocates.

Mr.

Piyush Pahuja (D-3651/14), Advocate for R-2.

SI Abhishek Yadav, PS Hari Nagar.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 05.08.2024 CRL.M.A. 22842/2024 (Exemption) Allowed, subject to all just exceptions.

W.P.(CRL) 2335/2024 1.

The present petition has been filed for quashing FIR No.711/2021 dated 24.12.2021, registered at Police Station Hari Nagar for offences under Section 498A/406/377/354/34 IPC on the ground that the parties have amicably settled their disputes. The present proceedings arise out of a matrimonial dispute between the parties.

2.

It is stated that the parties have amicably resolved their disputes and have mutually agreed to reside together. It is stated by the 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 09/08/2024 at 12:33:19

Complainant/Respondent No.2 that she does not have any objection if the present FIR against the Petitioners is quashed. Respondent No.2 has also filed an affidavit stating that they are happily living together and now there is no dispute between them and she has no objection to the quashing of the present FIR.

3.

The Petitioners No.2, 3 & 4 are present in Court. Petitioner No.1 and Respondent No.2/Complainant have joined the proceedings through video conferencing. The parties have been identified by their respective Counsels and the Investigating Officer. Respondent No.2 states that she has settled all her disputes with the Petitioners and started living together out of her own free will, without pressure, coercion or undue influence. The parties undertake that they will remain bound by the proceedings recorded before this Court.

4.

The parties have started living together happily. The FIR arises out of a matrimonial dispute. The instant case is squarely covered by the law laid down by the Apex Court in Gian Singh vs. State of Punjab, (2012) 10 SCC

303. This Court is of the opinion that no useful purpose would be served in continuing with the present proceedings. Resultantly, FIR No.711/2021 dated 24.12.2021, registered at Police Station Hari Nagar for offences under Section 498A/406/377/354/34 IPC and the proceedings emanating therefrom are hereby quashed. The parties shall remain bound by the terms of the settlement and the undertaking given to the Court. 5.

The petition stands disposed of with the above observations along with pending application(s), if any.

SUBRAMONIUM PRASAD, J AUGUST 5, 2024/Rahul 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 09/08/2024 at 12:33:19