Shri Vinod Kumar & ORS. v. The State Of NCT Of Delhi And ANR.

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7519/2024 SHRI VINOD KUMAR & ORS.

.....Petitioners Through:

Mr.

Brijesh Kumar, Adv.

with petitioners in person.

versus THE STATE OF NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Pradeep Gahlot, APP for State with ASI Rohitash PS Burari Mr. Parveen Tyagi and Ms. Nishu Tyagi, Advs. for R-2 with Respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 14.01.2025 1.

The present petition has been filed under Section 528 of BNSS seeking quashing of FIR No. 664/2020 under Sections 498A/406/34 IPC registered at Police Station Burari and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement. 2.

Notice was issued in the petition vide order dated 23.09.2024. The learned APP for the State submits that since the FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed. 3.

The petitioner no.1 (husband), petitioner nos. 2-5, who are close relatives of petitioner no.1, as well as, respondent no. 2 (wife) are present in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the Court and they have been identified by their respective counsel, as well as, by the Investigating Officer ASI Rohitash PS Burari. 4.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 09.02.2015 according to Hindu Rites and Customs. Out of the said wedlock, one girl child namely Bhumi and one male child namely Yuvraj was born.

5.

On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 26.05.2018 till 04.06.2022. The dispute between the parties also led to the registration of present FIR. 6.

During the pendency of the proceedings, the parties were referred to Delhi Mediation Centre, Tis Hazari Courts, Delhi where they arrived at a settlement on 22.03.2023, a copy of which is annexed as Annexure P-2 to the present petition.

7.

In terms of the said settlement, the parties amicably resolved all their disputes and started living together peacefully w.e.f. 05.06.2022. 8.

It has been agreed between the parties that they shall cooperate with each other in all possible manner and they shall fulfil all their duties and responsibilities towards each other and their family members. 9.

The respondent no.2, on a query posed by the Court, affirms the fact that the parties are living together as husband and wife and states that she has no objection in case the FIR is quashed.

10.

In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

11.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.

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

12.

Consequently, the petition is allowed and the FIR No. 664/2020 under Sections 498A/406/34 IPC registered at Police Station Burari alongwith all other proceedings emanating therefrom, is quashed. 13.

The petition stands disposed of in the above terms. 14.

Order be uploaded on the website of this court. VIKAS MAHAJAN, J JANUARY 14, 2025 N.S. ASWAL The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.