Maninder Singh And ORS v. The State Gnct Of Delhi & ORS.
$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2676/2024 MANINDER SINGH AND ORS ..... Petitioners Through:
Mr. Narender Mukhi, Adv.
versus THE STATE GNCT OF DELHI & ORS.
..... Respondents Through:
Mr. Hitesh Vali, APP for State with SI Mohit Chahar, PS Vijay Vihar and SI Braham Parkash, PS Sultan Puri Mr. Shivanshu Chadha and Mr.
Rishabh Virmani, Advs. for R-2
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 08.05.2024 CRL.M.A. 10174/2024 1.
Allowed, subject to all just exceptions.
CRL.M.A. 10175/2024 2.
This application has been filed seeking condonation of delay of 150 days in re-filing the petition.
3.
For the reasons stated in the application, the application is allowed and the delay is condoned.
CRL.M.C. 2676/2024 4.
The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 0429/2018 under Sections 498-A/406/34 IPC registered at P.S.Vijay Vihar, New Delhi and all consequential proceedings emanating The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
therefrom, on the ground that the parties have arrived at a settlement. 5.
Issue notice. The learned APP for the State accepts notice. He 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.
6.
The petitioner no. 1 (husband), the petitioner nos. 2 to 7, who are close relatives of petitioner no. 1, as well as, respondent no. 2 (wife) are present in Court and they have been identified by their respective counsels and by IO SI Mohit Chahar, PS Vijay Vihar and SI Braham Parkash PS Sultan Puri.
7.
The brief facts of the case are that the marriage between the petitioner no. 1 and respondent no. 2 was solemnized on 26.02.2017 according to Hindu Rites and Customs.
8.
On account of temperamental issues, certain disputes arose between the parties. The dispute between the parties also led to the registration of present FIR.
9.
During the pendency of the proceedings they arrived at a settlement, terms whereof were reduced in writing in the form of Memorandum of Understanding dated 07.12.2023, copy of which is annexed as Annexure P3 to the present petition.
10.
It has been recorded in the aforesaid Memorandum of Understanding that the parties have amicably resolved all their disputes and differences. 11.
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 affirm that now they are residing together.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
12.
On a query put by this Court, the respondent no.2, who is present in court, states that she has no objection in case the FIR is quashed. 13.
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.
14.
It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom, be quashed. 15.
Consequently, the petition is allowed and the FIR No. 0429/2018 under Sections 498-A/406/34 IPC registered at P.S. Vijay Vihar, New Delhi and all consequential proceedings emanating therefrom, is quashed. 16.
The petition stands disposed of in the above terms. 17.
Order be uploaded on the website of this court. VIKAS MAHAJAN, J MAY 8, 2024 ns The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.