Ankit Khare v. State Of Delhi NCT And ANR
$~60 & 63 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 6098/2024 ANKIT KHARE .....Petitioner Through:
Mr.
Varun Mittal, Mr.
Vivek Sansanwal, Mr. Akash Sharma and Ms. Anamika Singh, Advocates versus STATE OF DELHI NCT AND ANR .....Respondents Through:
Mr. Satinder Singh Bawa, APP for the State with SI Yashpal Singh PS Nanak Pura + CRL.M.C. 6119/2024 ANKIT KHARE AND ANR.
.....Petitioners Through:
Mr.
Varun Mittal, Mr.
Vivek Sansanwal, Mr. Akash Sharma and Ms. Anamika Singh, Advocates versus STATE OF DELHI NCT AND ANR.
.....Respondents Through:
Mr. Satinder Singh Bawa, APP for the State with SI Pramod Kumar PS Cyber Cell
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R
% 07.08.2024 CRL.M.A. 23348/2024 & CRL.M.A. 23399/2024 (Seeking Exemption) 1.
Allowed, subject to just exceptions.
2.
The applications are accordingly disposed of. CRL.M.C. 6098/2024 & CRL.M.C. 6119/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
The petitioners vide the present petitions under Section 528 of the BNSS, 2023 seek quashing of cross FIRs No. 102/2017 and 27/2016 registered under Sections 509 and 498A/406/34 OF IPC respectively, registered at P.S. Crime Branch and PS CAW CELL, Nanak Pura and all proceeding emanating therefrom in view of the Settlement arrived at between the parties.
4.
Issue notice. Learned APP 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 a daughter was born out of the Wedlock. The parties were able to amicably resolve the matter and the issues and undertake to bind by the Settlement Deed passed by the Counselling Cell, Rohini Courts dated 28.04.2024. As per the Settlement Deed, the Petitioner had agreed to pay a sum of Rs. 8,50,000/- out of which Rs.5,00,000/- has already been paid and he has handed over a Draft of Rs. 3,50,000/- bearing No. 001597 to the complainant Ms. Sakshi Saxena. 6.
The parties are present before this Court in person today, and have been identified by their counsel and Investigating Officer concerned. 7.
Today, the complainant who is present in Court state that she has no objection if the FIR is quashed and states that she has received all amounts towards her past, present and future alimony. 8.
In view of the above facts that 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 FIRs in question.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
9.
Accordingly cross FIRs No. 102/2017 and 27/2016 registered under Sections 509 and 498A/406/34 OF IPC respectively, registered at P.S. Crime Branch and PS CAW CELL, Nanak Pura and all consequential proceedings emanating therefrom are quashed, without prejudice to the rights of the child.
10.
The petitions stand disposed of.
NEENA BANSAL KRISHNA, J AUGUST 7, 2024/PT The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.