Bhupender Singh v. The State NCT Of Delhi And ANR.

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7/2024 BHUPENDER SINGH ..... Petitioner Through:

Mr. Nitin Shokeen, Advocate versus THE STATE NCT OF DELHI AND ANR.

..... Respondents Through:

Mr. Naresh Kumar Chahar, APP for the State with SI Chetan and ASI Neeraj Rana, P.S. Begumpur.

Mr. Abin B. Kurian, Advocate for R2.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 03.01.2024 CRL.M.A. 17/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 7/2024 3.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner seeking quashing of FIR bearing no. 388/2019 registered at Police Station Begampur, New Delhi for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860.

4.

Issue notice. Mr. Naresh Kumar Chahar, learned APP accepts notice on behalf of the State.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

Petitioner is present before this Court and has been identified by his counsel Mr. Nitin Shokeen and Investigating Officer (IO) SI Chetan, Police Station Begampur, New Delhi.

6.

Briefly stated, the facts of the present case are that petitioner and respondent no. 2 got married on 10.12.2006 according to Sikh rites and ceremonies. Due to temperamental differences both the parties started living separately since July, 2019. On the complaint of respondent no. 2, the present FIR bearing no. 388/2019 was registered at Police Station Begampur, New Delhi for offences punishable under Sections 498A/406/34 of IPC. It is stated that with the intervention of respectable community elders, both the parties have settled all their disputes vide Settlement Agreement dated 09.02.2023.

7.

On a query made by this Court, respondent no. 2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent No.2 that the entire dispute has been amicably settled/compromised between them and they have been living together since 2019. Respondent no. 2 further stated that she has no objection if FIR may be quashed.

8.

In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 9.

Accordingly, FIR bearing no. 388/2019 registered at Police Station The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Begampur, New Delhi for offences punishable under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom are quashed.

10.

The petition stands disposed of.

11.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J JANUARY 3, 2024/zp Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.