Akash @ Aakash & ORS. v. The State (Govt. Of NCT Of Delhi) & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ AKASH @ AAKASH & ORS.

.....Petitioners Through:

Ms. Santosh Dixit, Advocate for petitioners via videoconferencingalong with petitioners Nos.1 and 3 versus THE STATE (GOVT. OF NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Sanjeev Sabharwal, APP for the State.

Respondent No.2 via videoconferencing

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 18.10.2024 By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioners seekquashing of case FIR No.91/2019 dated 09.02.2019 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC') and section 4 of Dowry Prohibition Act, 1961 at P.S.: Seemapuri, Delhi.

2.

The petition is premised on Settlement Deed dated 20.11.2020 signed between petitioner No.1 and respondent No.2.

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

3.

The petition is supported by affidavits of the petitioners, as also of respondent No. 2, alongwith proof of their IDs. 4.

Petitioners Nos.1 and 3 as well as respondent No. 2 have joined the proceedings via video-conferencing. Their credentials have been verified and they have also been identified by their respective counsel Petitioner No.2 and petitioners Nos. 4 to 9, who are the extended family members of petitioner No.1, are not present. 5.

The parties have confirmed that one child was born from the wedlock, who is minor as of date. 6.

The parties are stated to have resolved all their disputes amicably and in view of the settlement, respondent No.2 has re-joined the company of petitioner No.1 as of 20.11.2020 and they have been living together ever-since, alongwith their only son.

7.

The court has queried respondent No.2, who confirms that the settlement deed has been signed between the parties; and that she is now living with petitioner No.1 and their son. 8.

Mr. Sanjeev Sabharwal, learned APP confirms that the State has no objection to the subject FIR being quashed.

9.

In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab &Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh &Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties. 10.

Accordingly, case FIR No.91/2019 dated 09.02.2019 registered under sections 498-A/406/34 of the IPC and section 4 of the Dowry Prohibition Act, 1961 at P.S.: Seemapuri, Delhi is quashed. All proceedings arising therefrom also stand closed. 11.

Petition stands disposed-of.

12.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J OCTOBER 18, 2024/ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.