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High Court of DelhiCRL.M.C./7158/2024

Mukesh Kumar & ORS. v. The State (Govt. Of NCT Of Delhi) & ANR.

2024-09-11Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7158/2024 MUKESH KUMAR & ORS.

.....Petitioners Through: Ms.Kamini Devi, Advocate with petitioners in person versus THE STATE (GOVT. OF NCT OF DELHI) & ANR. .....Respondents Through: Mr.Sanjeev Sabharwal, APP for State with SI Brahem P Mr.Aditya Sharma, Ms.Kanishka, Advocates for respondent No.2 with respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 11.09.2024

O R D E R

CRL.M.A. ....../2024 (impleadment) (to be numbered) 1.

By way of present application, the applicant seeks impleadment of two other accused persons, namely, Sushma and Arjun. 2.

For the reasons stated in the application, the same is allowed and the amended memo of parties is taken on record.

3.

The application is disposed of.

CRL.M.C. 7158/2024 1.

By way of the present petition, the petitioners seek quashing of FIR No.1840/2006 registered under Sections 498A/406/34 IPC at P.S. Sultanpuri, Delhi on the ground that the parties have amicably settled their disputes.

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

2.

The present FIR is an outcome of a matrimonial dispute between the complainant/respondent No. 2 (wife) and petitioner No.1 (husband) whereas petitioner Nos.2 to 5 are the in-laws of the complainant. 3.

Learned APP for the State submits that the petitioners are the accused persons and respondent No. 2 is the complainant/victim. He further submits that the chargesheet has been filed against 7 accused persons, out of which, two accused persons, namely Ramwati and Ram Singh, have since expired and two of the co-accused, Sushma and Arjun, were declared proclaimed offenders vide order dated 30.05.2018.

4.

At this stage, learned counsel for the petitioners submits that the coaccused, Sushma and Arjun were served at the wrong address as they were not residing alongwith the other petitioners. 5.

Learned counsels for the parties submit that the parties have amicably settled their dispute vide Settlement/Agreement dated 06.03.2020 entered into before the Delhi Mediation Centre, Rohini District Courts, Delhi. It is stated that petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 27.01.2024 passed by learned Principal Judge, Family Courts, Rohini, Delhi in HMA No.222/2024. In terms of the settlement, respondent No.2 is now left with no claim whatsoever against the petitioners.

6.

The petitioners and respondent No.2, who are present in Court, have been identified by their respective counsels as well as by the Investigating Officer.

7.

Respondent No.2 states that she has entered into the aforesaid mediation Settlement/Agreement out of her own free will, volition and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed. 8.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

9.

The parties shall remain bound by the statements made in Court today.

10.

In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR as well as the proceedings initiated under Section 82 declaring petitioner Nos.4 and 5 as proclaimed offenders and the consequent proceedings arising therefrom are hereby quashed. 11.

The petition is disposed of in the above terms. MANOJ KUMAR OHRI, J SEPTEMBER 11, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.