Jitender & ORS. v. State Of NCT Of Delhi & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 7077/2024 JITENDER & ORS.

.....Petitioners Through:

Counsel(Appearance not given) versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Ms. Kiran Bairwa, APP for the State with SI Sandeep Kumar PS Ambedkar Nagar

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 09.09.2024 CRL.M.A. 27031/2024 (Exemption) 1.

Exemption allowed, subject to all jus exceptions. 2.

The application stands disposed of.

CRL.M.C. 7077/2024 3.

The Petition under Section 528 of the BNSS, 2023has been filed on behalf of the petitioner, seeking to quash the FIR No. 625/2021 for the offence under Section 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC, 1860') registered at Police Station Ambedkar Nagar, New Delhi.

4.

Issue notice.

5.

Learned Additional Public Prosecutor appearing on advance notice, 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.

6.

It is stated that the petitioner and the respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement Deed dated 11.10.2023 wherein it was inter alia settled between the parties that the respondent No. 2/wife and the petitioner/husband have dissolved their marriage by decree of mutual consent dated 04.07.2024. It is stated that petitioner/husband shall pay a sum of Rs. 5,75,000/- towards full and final settlement of all the claims of the respondent No. 2/wife. It is stated that the petitioner has handed over a Demand Draft bearing No. 356941, i.e . the balance amount to the respondent No. 2 in the Court today. 7.

The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. . The parties have endorsed the amicable settlement and accepted the terms thereof voluntarily.

8.

The parties have submitted that all the disputes have been amicably settled vide Settlement Deed dated 11.10.2023, which has been arrived at between the parties, without any pressure and coercion and thus, no fruitful purpose will be served in continuing with the FIR. 9.

Today, the respondent No. 2/wife, who is present in Court, states that she has received all amounts due to her and has no objection if the FIR is quashed.

10.

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

11.

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

12.

Accordingly, FIR No. 625/2021 for the offence under Section 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC, 1860') registered at Police Station Ambedkar Nagar, New Delhi and all consequential proceedings emanating therefrom are quashed. 13.

The Petition stands disposed of.

NEENA BANSAL KRISHNA, J SEPTEMBER 9, 2024/PT The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.