Sh. Mohit & ORS. v. The State Of NCT Of Delhi & ANR.

$~64 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6425/2024 & CRL.M.A. 24568/2024 SH. MOHIT & ORS.

.....Petitioners Through:

Mr. Amit Sharma, Ms.Yamini Sharma and Ms. Poonam, Advocates.

versus THE STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Ms. Shubhi Gupta, APP for the State with SI Manish, P.S.: Pahar Ganj.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 20.08.2024 CRL.M.A. 24569/2024 (exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed-of.

CRL.M.C. 6425/2024 By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioners, who are the former husband and in-laws of the complainant/respondent No. 2, seek quashing of case FIR No. 453/2023 dated 23.06.2023 registered under sections 498-A/406/323/506/509/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Pahar Ganj, Delhi ('subject FIR'). 2.

The petition is premised on Settlement Deed dated 09.04.2024 arrived at through mediation before the Delhi Mediation Centre, Tis Hazari Courts, Delhi.

3.

The petition is also supported by affidavits of all the petitioners, as also of respondent No. 2, alongwith proofs of their I.D.s. CRL.M.C. 6425/2024 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 30/08/2024 at 12:52:00

4.

The petitioners as well as respondent No. 2 are present in court. Their credentials have been verified and they have also been identified by their respective counsel.

5.

The parties are stated to have resolved all their disputes amicably and in view of the settlement, respondent No.2 has re-joined the company of petitioner No.1 on 09.04.2024 and they have been living together since.

6.

Ms. Shubhi Gupta, learned APP confirms that the State has no objection to the subject FIR being quashed.

7.

In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties. 8.

Accordingly, FIR No. 453/2023 dated 23.06.2023 registered under sections 498-A/406/323/506/509/34 of IPC at P.S.: Pahar Ganj, Delhi is quashed. All proceedings arising therefrom also stand closed. 9.

Petition stands disposed-of.

10.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J AUGUST 20, 2024/ak CRL.M.C. 6425/2024 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 30/08/2024 at 12:52:00