Sh Mayank Gupta & ORS. v. State NCT Of Delhi And ANR

$~90 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C.

8761/2024, CRL.M.A.

33538/2024 & CRL.M.A.

33539/2024 SH MAYANK GUPTA & ORS.

.....Petitioners Through:

Mr. Vijay Joshi, Mr. Mohit Joshi, Mr.

Shubham Chaturvedi, Advs.

with petitioner nos. 1 and 2 in person and petitioner nos. 3 - 5 (through VC) versus STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Nawal Kishore Jha, APP for State with SI Lalit PS Bindapur Ms. Deepali Mittal, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 20.01.2025 1.

The present petition has been filed under Section 482 CrPC seeking quashing of FIR No. 698/2021 under Sections 498A/406/34 IPC registered at Police Station Bindapur and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement. 2.

Notice in the petition was issued vide order dated 08.11.2024. The learned APP for the 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.

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

3.

The petitioner no.1 (husband), petitioner no.2 (father of petitioner no.1) are present in Court. The petitioner nos. 3 - 5, who are close relatives of petitioner no.1, have joined through VC. The respondent no.2 (wife) is also present in Court. The parties have been identified by their respective counsel, as well as, by the Investigating Officer SI Lalit PS Bindapur. 4.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 07.02.2018 according to Hindu Rites and Customs. Out of the said wedlock, a child was born. 5.

On account of certain misunderstanding between the parties the respondent no. 2 lodged the aforesaid FIR.

6.

During the pendency of the proceedings, the parties arrived at settlement, terms whereof were reduced in writing in the form of two Memorandum of Understandings dated 03.01.2022 and 23.03.2022, which is annexed at Annexure P-5 and P-6 respectively to the present petition. 7.

In terms of the said settlement, the parties amicably resolved all their disputes and started living together peacefully. 8.

It has been agreed between the parties that they shall cooperate with each other in all possible manner and they shall fulfil all their duties and responsibilities towards each other and their family members. 9.

The respondent no.2, on a query posed by the Court, affirms the fact that the parties are living together as husband and wife and states that she has no objection in case the FIR is quashed.

10.

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.

11.

It is, thus, in the interest of justice that the present FIR and all the other The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

proceedings emanating therefrom be quashed.

12.

Consequently, the petition is allowed and the FIR No. 698/2021 under Sections 498A/406/34 IPC registered at Police Station Bindapur alongwith all other proceedings emanating therefrom, is quashed. 13.

The petition alongwith pending applications stands disposed of in the above terms.

14.

Order be uploaded on the website of this court. VIKAS MAHAJAN, J JANUARY 20, 2025 N.S. ASWAL The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.