High Court of DelhiCRL.M.C./7521/2024

Rahul Yadav & ANR. v. The State & ANR.

2024-09-23Hon'Ble Ms. Justice Neena Bansal Krishna3 pages

$~79 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 7521/2024 RAHUL YADAV & ANR.

.....Petitioners Through:

Mr. Shalabh Bhardwaj, Mr. Ashwani Sharma, Mr.

Avinash Vats, Mr.

Sanjeev Malhotra, Mr.

Himanshu Solanki, Mr. Pranav Dixit, Mr. Nikhil Mann and Mr.

Rajat Chaturvedi, Advocates versus THE STATE & ANR.

.....Respondents Through:

Mr. Satinder Singh Bawa, APP for the State with ASI Kanak Bhushan PS Nihal Vihar

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 23.09.2024 CRL.M.A. 28720/2024(Exemption) 1.

Allowed, subject to just exceptions.

Application accordingly disposed of.

CRL.M.C. 7521/2024 3.

The Petition under 528 of the BNSS, 2023 has been filed on behalf of the petitioners, seeking quashing of the FIR No. 1259/2022 for the offences under Section 498A/506/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC, 1860') registered at Police Station Nihal Vihar, Delhi. 4.

Issue notice.

Learned APP appearing on advance notice, accepts notice on behalf The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

of the State.

Brief facts of the case are that the marriage was solemnized between petitioner No. 1/husband and respondent No. 2/wife on 30.11.2020 according to the Hindu rites and ceremonies and no child was born out of the said wedlock.

It is stated that the petitioner No. 1 and the respondent No. 2 have amicably settled all the disputes and differences between them vide Settlement Deed dated 29.05.2024 and it was inter alia decided that the petitioner No. 1 shall pay Rs. 75,00,000/- to the complainant in full and final settlement of all her claims, out of which Rs. 50,00,000/- has already been paid and the a Bankers Cheque bearing No. 148884 for the remaining Rs.25,00,000/- has been handed over in the Court today. The complainant has handed over a Jewellery Piece i.e. Mangalsutra to the petitioner No. 1 today. The parties endorse the Settlement Deed and state that they have arrived at the Settlement without any fear and coercion and shall state bound by it. The parties have taken Divorce by mutual consent on 02.08.2024. 8.

The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. 9.

Today, the respondent No. 2/wife, who is present in the Court, states that she 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. 1259/2022 for the offences under Section 498A/506/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC, 1860') registered at Police Station Nihal Vihar, Delhi and all consequential proceedings emanating therefrom are quashed. 13.

The Petition stands disposed of.

NEENA BANSAL KRISHNA, J SEPTEMBER 23, 2024/PT The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.