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High Court of DelhiCRL.M.C./6513/2024

Mandeep Singh & ORS. v. State (Govt. Of NCT Of Delhi) & ANR.

2024-08-21Hon'Ble Ms. Justice Neena Bansal Krishna3 pages

$~74 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6513/2024 MANDEEP SINGH & ORS.

.....Petitioners Through:

Mr. Ankit Attree and Mr. Jagat Singh, Advocates for petitioner Nos.1 to 4 along with petitionersin person.

versus STATE (GOVT. OF NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Satinder Singh Bawa, APP with SI Sunil, P.S.Tilak Nagar.

Mr. Narinder Singh, Advocate for R-2 along with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 21.08.2024 CRL.M.A.24911/2024 (Exemption) 1.

Exemption allowed, subject to all jus exceptions. 2.

The application stands disposed of.

CRL.M.C. 6513/2024 3.

The Petition under Section 528 of the BNSS has been filed on behalf of the petitioners, seeking to quash the FIR No. 707/2020, registered under Section 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC, 1860") at Police Station Tilak Nagar. 4.

Issue notice.

5.

Mr. Satinder Singh Bawa, learned APP appearing on advance notice, accepts notice on behalf of the State. 6.

Brief facts of the case are that the marriage was solemnized The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

between petitioner No. 1 and respondent No. 2 on 26.11.2007, according to the Sikh rites and ceremonies and they have a 14 year old daughter and a 7 year old son born out of the said wedlock. 7.

It is further submitted that on 08.10.2010, on the complaint of the respondent No. 2, an FIR bearing No. 707/2020, for the offence under Section 498A/406/34 of the IPC, got registered at Police Station Tilak Nagar.

8.

It is stated that the petitioner No. 1 and the respondent No. 2 have amicably settled all the disputes and differences between them and arrived at a MOU dated 03.08.2024 wherein it was inter alia settled between the parties that the respondent No. 2/wife and the petitioner No. 1/husband shall dissolve their marriage by decree of mutual consent. The parties have started residing together since January, 2023.

9.

In view of the MOU dated 03.08.2024, the present Petition has been filed.

10.

The parties are present before this Court, and have been identified by their counsel and Investigating Officer concerned. The parties have endorsed the amicable settlement and accepted the terms thereof voluntarily and shall remain bound by the terms. 11.

The parties have submitted that all the disputes have been amicably settled vide MOU dated 03.08.2024 and thus, no fruitful purpose will be served in continuing with the FIR. 12.

The present petition has been signed by all the petitioners and is supported by their respective affidavits. The parties have reaffirmed the terms of the settlement arrived at vide MOU dated 03.08.2024 and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

they also submit that the said MOU dated 03.08.2024 has been arrived at between the parties without any pressure and coercion. 13.

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, no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.

14.

Moreover, there is no legal impediment in quashing the FIR in question.

15.

Accordingly, FIR No. FIR No. 707/2020 for the offence punishable under Sections 498A/406/34, registered at Police Station Chitranjan Park and all consequential proceedings emanating therefrom are quashed.

16.

The Petition stands disposed of.

NEENA BANSAL KRISHNA, J AUGUST 21, 2024 rk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.