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High Court of DelhiCRL.M.C./6908/2024

Anil Kumar & ORS. v. State Of NCT Of Delhi & ORS.

2024-09-03Hon'Ble Ms. Justice Neena Bansal Krishna3 pages

$~9 & 56 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2555/2024, CRL.M.A. 24975/2024 GEETA GUPTA & ORS.

.....Petitioner Through:

Mr. Dharmendra Baghel and Ms.

Richa Sharma, Advocates.

versus THE STATE OF NCT OF DELHI & ORS.

.....Respondent Through:

Ms. Rupali Bandhopadya, Ld. ASC with Mr. Abhijeet Kumar, Advocate for State and ASI Ramawatar P.S.

Gulabi Bagh.

Mr. Sushant Dogra, Advocate.

+ CRL.M.C. 6908/2024, CRL.M.A. 26424/2024, CRL.M.A. 26425/2024 ANIL KUMAR & ORS.

.....Petitioner Through:

Mr. Sushant Dogra, Advocate.

versus STATE OF NCT OF DELHI & ORS.

.....Respondent Through:

Mr. Satinder Singh Bawa, Ld. APP for the State and ASI Ramawatar P.S.

Gulabi Bagh.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 03.09.2024 W.P.(CRL) 2555/2024 1.

A Criminal Writ Petition under Article 226 of Constitution of India read with Section 482 Cr.P.C has been filed on behalf of the petitioners Mrs. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Geeta Gupta, Mr. Ashish Gupta, Mr. Mayank Gupta and Ms. Spriha Gupta for quashing of FIR No.0225/2021 dated 07.08.2021 under Section 323/341/34 IPC registered at Police Station Gulabi Bagh and all proceeding emanating therefrom in view of the Settlement arrived at between the parties.

CRL.M.C. 6908/2024 2.

A Petition under Section 482 Cr.P.C has been filed on behalf of petitioners Shri Anil Kumar, Shri Dipankar Sodhi and Shri Jonti Sodhi for quashing of FIR No.47/2021 dated 19.03.2021 under Section 323/341/354/34 IPC registered at Police Station Gulabi Bagh and all proceeding emanating therefrom in view of the Settlement arrived at between the parties.

3.

Issue notice.

4.

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 it was a matrimonial dispute inter-se the families of Ms. Priya and Jonti. The matter was referred to Delhi Government Mediation and Conciliation Centre, where the parties have arrived at a Settlement dated 13.10.2021. It is stated that the Settlement was arrived at between the parties voluntarily out of their free will and consent. In pursuant to Settlement dated 13.10.2021 the marriage between Ms. Priya and Mr. Jonti has been dissolved vide Decree of Divorce dated 01.02.2023. The parties have amicably resolved the matter and the issues and undertake to bind by the Mediation Settlement Deed dated 13.10.2021. 6.

The parties are present before this Court in person today except Mr. Jonti who is paralysed and not medically fit. The Settlement dated The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

13.10.2021 is signed by Mr. Jonti and learned counsel for Jonti has endorsed his affidavit. The parties have been identified by their counsel and Investigating Officer concerned.

7.

Today, the complainants who are present in Court state that they have no objection if the FIR is quashed.

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.

9.

Accordingly FIR No.0225/2021 dated 07.08.2021 under Section 323/341/34 IPC registered at Police Station Gulabi Bagh and FIR No.47/2021 dated 19.03.2021 under Section 323/341/354/34 IPC registered at Police Station Gulabi Bagh and all consequential proceedings emanating therefrom are quashed.

10.

The petitions stand disposed of along with the pending applications, if any.

NEENA BANSAL KRISHNA, J SEPTEMBER 3, 2024/va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.