Joel & ANR. v. State Govt. Of NCT Of Delhi And ANR.

$~70 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 9180/2024 JOEL & ANR.

.....Petitioners Through:

Mr. Himanshu Sharma, Advocate via video-conferencing with petitioners in court.

versus STATE GOVT. OF NCT OF DELHI AND ANR.

.....Respondents Through:

Ms. Manjeet Arya, APP for the State with ASI Ram Avtar, P.S.: Ambedkar Nagar.

R2 in court.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 25.11.2024 By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioners seek quashing of case FIR No. 675/2022 dated 22.12.2022 registered under sections 498-A/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Ambedkar Nagar, Delhi.

2.

The petition is premised on Memorandum of Understanding/Settlement Deed dated 13.11.2024.

3.

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

The petitioners as well as respondent No. 2 are present in court. Their credentials have been verified and they have also been identified by the Investigating Officer.

5.

The parties have confirmed that 02 children were born from the wedlock, who are minor as of date.

CRL.M.C. 9180/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/12/2024 at 12:11:36

6.

The parties are stated to have resolved their disputes amicably. In view of the settlement, respondent No.2 has re-joined the company of petitioner No. 1 and they have been living together for the last about 01 year, alongwith their 02 minor children.

7.

Ms. Manjeet Arya, learned APP confirms that the State has no objection to the subject FIR being quashed.

8.

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 subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties. 9.

Accordingly, FIR No. 675/2022 dated 22.12.2022 registered under sections 498-A/34 IPC at P.S.: Ambedkar Nagar, Delhi is quashed. All proceedings arising therefrom also stand closed.

10. Petition stands disposed-of.

11. Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J NOVEMBER 25, 2024 ds CRL.M.C. 9180/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/12/2024 at 12:11:36