Prince v. State Govt Of NCT Of Delhi & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 9045/2024 PRINCE .....Petitioner Through:

Mr. Jameel Ahmed, Advocate with petitioner in person.

versus STATE GOVT OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Nawal Kishore Jha, APP for the State with SI Sachin Panwar Respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 17.01.2025 CRL. M.A. 34659/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CRL.M.C. 9045/2024 3.

The present petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No. 425/2017 under Sections 498A/34 IPC registered at Police Station Fatehpur Beri, Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

4.

Issue notice. The learned APP appearing on behalf of 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, neither the State nor the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondent no.2 have any objection in case the FIR in question is quashed. 5.

The petitioner no.1 (former husband), as well as, respondent no. 2 (former wife) are present in the Court. The petitioner and respondent no. 2 have been identified by the Investigating Officer SI Sachin Panwar, Police Station Fatahpur Beri, Delhi.

6.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 20.08.2014 according to Hindu Rites and Ceremonies. Out of the said wedlock, no child was born. 7.

On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 20.09.2014. The dispute between the parties also led to the registration of present FIR. 8.

During the pendency of the proceedings, the parties arrived at a settlement, terms whereof were reduced in writing in the form of Deed of memo of Understanding dated 21.06.2022, which is annexed as AnnexureP4 to the present petition. 9.

In terms of the said settlement, the parties decided to dissolve their marriage by filing a petition for divorce by way of mutual consent. Accordingly, second motion was allowed vide decree dated 02.05.2023. 10.

The respondent no.2, on a query posed by the Court, states that she has no objection in case the FIR is quashed.

11.

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.

12.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 13.

Consequently, the petition is allowed and the FIR No. 425/2017 under The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Sections 498A/34 IPC registered at Police Station Fatehpur Beri, Delhi alongwith all other proceedings emanating therefrom, is quashed. 14.

The petition stands disposed of in the above terms. VIKAS MAHAJAN, J JANUARY 17, 2025 'rs'

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