Dushyant Kumar Gautam And ORS v. State Of NCT Through Sho Kamla Market And ANR
$~96 * IN THE HIGH COURT OF DELHI AT NEW DELHI + DUSHYANT KUMAR GAUTAM AND ORS .....Petitioners Through:
Mr. Rajeev Kumar (D/1871-C/99), Advocate along with Petitioners in person.
versus STATE OF NCT THROUGH SHO KAMLA MARKET AND ANR .....Respondents Through:
Mr. Yudhvir Singh Chauhan, APP for the State.
Mr. Jagmeet Singh (D/4072/18), Advocate for R-2 along with Respondent No.2 in person.
SI Kiran Sethi, PS Kamla Market, D2672.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R
% 09.09.2024 CRL.M.A. 27094/2024 (Exemption) Allowed, subject to all just exceptions.
1.
The present petition under Section 482 Cr.P.C has been filed by the Petitioners for quashing FIR No.419/2022 dated 18.10.2022, registered at Police Station Kamla Market for offences punishable under Sections 498A/406/34 IPC on the ground that the parties have entered into a settlement. The present FIR is the outcome of a matrimonial dispute between the parties. The Respondent No.2 is the Complainant and the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Petitioner No.1 is the husband of the Complainant. 2.
The principal ground on which the present petition has been filed is that a settlement has been arrived at between the parties vide a Memorandum of Understanding (MoU) dated 25.07.2023 which has been annexed with the petition as Annexure P-3. It is stated as per the MoU, the Parties have settled all their disputes.
3.
Today, the Parties are present in Court. The Petitioner Nos.1 and 4 are present in Court and Petitioners No.2, 3 and 5 have joined the proceedings through video conferencing. The Petitioners have been identified by their Counsel and the Investigating Officer. The Respondent No.2/Complainant has been identified by her Counsel and the Investigating Officer. The Complainant/Respondent No.2 states that she has settled all her matrimonial disputes with the Petitioners out of her own free will, without pressure, coercion or undue influence and states that she does not want to pursue the present case any further and requests that the present FIR and the proceedings emanating therefrom may be quashed. The parties undertake that they will remain bound by the settlement and proceedings recorded before this Court.
4.
Considering the fact that the dispute is a matrimonial dispute and the parties have amicably settled their disputes and the present case is squarely covered under the law laid down by the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, this Court is satisfied that no useful purpose would be served in continuing with the present proceedings. Resultantly, the FIR No.419/2022 dated 18.10.2022, registered at Police Station Kamla Market for offences punishable under Sections 498A/406/34 IPC and the proceedings emanating therefrom are hereby quashed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
5.
The petition stands disposed of in above terms, along with pending application(s), if any.
SUBRAMONIUM PRASAD, J SEPTEMBER 9, 2024 S. Zakir The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.