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High Court of DelhiCRL.M.C./6665/2024

Manish And ANR v. State Of NCT Of Delhi And ANR

2024-08-27Hon'Ble Mr. Justice Anup Jairam Bhambhani2 pages

$~54 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6665/2024 MANISH AND ANR .....Petitioners Through:

Counsel (appearance not given) with petitioners in court.

versus STATE OF NCT OF DELHI AND ANR .....Respondents Through:

Ms. Shubhi Gupta, APP for the State with SI Arti, P.S.: Najafgarh.

R2 in court.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 27.08.2024 By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973, the petitioners, who are the husband and in-laws of the complainant/respondent No. 2, seek quashing of case FIR No. 379/2021 dated 20.07.2021 registered under sections 498-A/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Najafgarh, Delhi. 2.

The petition is supported by affidavits of the petitioners, as also of respondent No. 2, alongwith proofs of their I.D.s. 3.

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.

4.

The court has interacted with respondent No.2. She confirms that though there is no written settlement on record, she has resolved her disputes with the petitioners. She states that she has been co-habiting with petitioner No.1 since August 2021, alongwith their three children, all of whom are minor.

CRL.M.C. 6665/2024 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 04/09/2024 at 12:22:31

5.

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

6.

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 resolution of the disputes 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. 7.

Accordingly, FIR No. 379/2021 dated 20.07.2021 registered under sections 498A/34 of the IPC at P.S.: Najafgarh, Delhi is quashed. All proceedings arising therefrom also stand closed. 8.

Petition stands disposed-of.

9.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J AUGUST 27, 2024 ds CRL.M.C. 6665/2024 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 04/09/2024 at 12:22:31