Akash Gaba And ORS v. The State Govt. Of NCT Of Delhi And ANR.

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 114/2024 AKASH GABA AND ORS.

..... Petitioners Through:

Mr. Mandip Bansal, Advocate along with petitioners.

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

Mr. Satish Kumar, APP for the State with SI Dhyan Singh.

Mr. Vivek Luthra and Ms. Rema Luthra, Advocates for R-2 along with R-2-in-person.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 06.03.2024 1.

The present petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of the petitioners seeking quashing of FIR bearing No. 13/2017, registered at Police Station CWC/Nanak Pura, Delhi for offences punishable under Sections 498A/406/34/354A of the Indian Penal Code, 1860 („IPC‟) and all consequential proceedings emanating therefrom. 2.

Issue notice. Mr. Rahul Tyagi, learned ASC accepts notice on behalf of the State.

3.

Petitioners are present before this Court and have been identified by their counsel Mr. Mandip Bansal and Investigating Officer (IO) SI Dhyan The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Singh from Police Station CWC/Nanak Pura, Delhi. 4.

Brief facts of the case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 19.04.2015 according to Hindu Rites and Ceremonies. It is stated that on the complainant of respondent no. 2, the present FIR bearing No. 13/2017 was registered against the petitioners for the offences punishable under Sections 498A/406/34/354A of IPC. It is stated that during the investigation of the present case, with the intervention of respectable persons and friends, both the parties have arrived at a mutual and amicable compromise and have settled their disputes and differences vide Settlement Agreement dated 23.03.2023.

5.

On the 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 between them. Respondent no. 2 further stated that she has no objection if FIR may be quashed.

6.

It is submitted that respondent no.2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with petitioner No.1 and other family members. 7.

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

8.

Accordingly, FIR bearing No. 13/2017, registered at Police Station CWC/Nanak Pura, Delhi for offences punishable under Sections 498A/406/34/354A of IPC and all consequential proceedings emanating therefrom are quashed.

9.

In view of the above, the present petition stands disposed of. 10.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MARCH 6, 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.