Gagender Gaur @ Gajender Gaur & ORS. v. The State Of NCT Of Delhi Through Sho Nihal Vihar & ANR.
$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8051/2024 & CRL. MA 30776/2024 GAGENDER GAUR @ GAJENDER GAUR & ORS......Petitioners Through:
Mr. Rajeev Kumar, Advocate with petitioners in person.
versus THE STATE OF NCT OF DELHI THROUGH SHO NIHAL VIHAR & ANR .....Respondents Through:
Mr. Laksh Khanna, APP for State with ASI Rajinder PS Nihal Vihar, Delhi.
Mr. Aman Singh, Advocate for respondent no.2 with respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 14.10.2024
O R D E R
1.
The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 1405/2021 registered under Sections 498-A/406/34 IPC at P.S. Nihal Vihar, Delhi on the ground that the parties have amicably settled their disputes.
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 No.2 is the father-in-law and petitioner No.3 is the sister-in-law of the complainant/respondent No.2, respectively. 3.
Mr. Laksh Khanna, learned APP for the State submits that in the present case, the petitioners are the only accused persons and respondent No. 2 is the only complainant/victim. He further states that the charge-sheet has The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
been filed.
4.
Learned counsel for the petitioners submits that the parties have settled their disputes before the Mediation Centre, Tis Hazari Courts, Delhi on 31.05.2023. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 22.05.2024 passed by the Family Court, Tis Hazari Courts, Delhi in HMA No. 1402/2024. It is stated that in terms of the settlement, respondent No.2 has no claims or grievances remaining against the petitioners. It is further stated that the child born out of the wedlock is living with the petitioner no.1/father.
5.
The petitioners and respondent No.2, who are present in Court, have been identified by their respective counsels as well as by I.O./ ASI Rajinder PS Nihal Vihar, Delhi.
6.
Respondent No. 2 states that she has settled her disputes with the petitioner No.1 out of her own free will, volition and without any coercion. She submits that she has no objection in case the present FIR is quashed against the petitioners.
7.
Learned counsel for the petitioners submits that no other proceedings are pending between the parties.
8.
The parties shall remain bound by the statements and undertaking made in Court today.
9.
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 and the consequent proceedings arising therefrom are hereby quashed.
10.
With the above directions, the petition is disposed of alongwith The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
miscellaneous application.
MANOJ KUMAR OHRI, J OCTOBER 14, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.