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

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7608/2024 MOHIT KUMAR & ORS.

.....Petitioners Through:

Mr. Subhash Solanki , Mr. Bhaskar Vashistha and Mr. Yash Mittal, Advs.

versus THE STATE OF NCT OF DELHI AND ANR.

.....Respondents Through:

Ms. Kiran Bairwa, APP for State with SI Vijay Pal Singh, PS. CWC Nanakpura.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN % 06.02.2025

O R D E R

1.

The present petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.88/2023 under Sections 498A/406/354/34 IPC registered at Police Station Crime (Women) Cell Nanakpura and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

2.

Notice was issued in the present petition on 25.09.2024. 3.

The learned APP 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. 4.

The petitioner no.1 (husband) and the petitioner nos.2 to 6, who are The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

close relatives of petitioner no.1, as well as, respondent no. 2 (wife), who are present in Court and they have been identified by their respective counsel, as well as, by the Investigating Officer SI Vijay Pal Singh, PS. Crime (Women) Cell Nanakpura 5.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 20.04.2019 according to Hindu Rites and Customs. No child was born out of the said wedlock. 6.

On account of temperamental issues certain disputes arose between the parties and they started living separately from each other since 30.03.2023. The dispute between the parties also led to the registration of present FIR.

7.

During the pendency of the proceedings, the parties have referred to Delhi Mediation Centre, Saket Courts, New Delhi where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 16.03.2024, which is annexed as Annexure P-2 to the present petition. 8.

It is borne out from the settlement that the petitioner no.1 and respondent no.2 have decided to reside together as husband and wife. The petitioner no.1 and the respondent no.2, who are present in Court affirms that now they are residing together w.e.f 11.04.2024. 9.

It is a term of the settlement that the parties with the intervention of family and friends have resolved all their disputes amicably without any coercion or pressure.

10.

It is also a term of the settlement that the respondent no.2 will cooperate with the petitioners for the quashing of the present FIR. 11.

The respondent no.2, on a query posed by the Court, affirms the factum of settlement and states that she has no objection in case the FIR is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

quashed.

12.

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.

13.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 14.

Consequently, the petition is allowed and the FIR No.88/2023 under Sections 498A/406/354/34 IPC registered at Police Station Crime (Women) Cell Nanakpura alongwith all other proceedings emanating therefrom, is quashed.

15.

The petition stands disposed of in the above terms. 16.

Order be uploaded on the website of this Court. VIKAS MAHAJAN, J FEBRUARY 6, 2025/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.