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High Court of DelhiCRL.M.C./9220/2024

Mahesh Kumar & ORS. v. The State Govt. Of NCT Of Delhi And ANR.

2024-11-26Hon'Ble Mr. Justice Jasmeet Singh2 pages

$~96 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 9220/2024 MAHESH KUMAR & ORS.

.....Petitioners Through:

Mr. Vikas Singh, Adv.

versus THE STATE GOVT. OF NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Sanjeev Sabharwal, APP with SI Reena, PS Dwarka Sec 23

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 26.11.2024 CRL.M.A. 35351/2024 Exemption allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 9220/2024 1.

This is a petition seeking quashing of FIR No. 179/2019 under Section 498A/406/34 of IPC registered at PS Dwarka Sector-23. 2.

During the pendency of the proceedings, parties have arrived at a settlement dated 21.08.2023 before the Family Court, Dwarka, wherein it has been agreed that the petitioner shall get register a plot Khasra No. 31/1/1, Village Nagli Skrawati, New Delhi- 110043 measuring 94.44 sq. yrds, in favour of the complainant and her minor child. 3.

I am informed that the same has already been done. 4.

The petitioner is present in Court and identified by Mr. Vikas Singh, Adv. Respondent No. 2 is also present and identified by SI Reena, PS Dwarka Sector 23.

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 07/12/2024 at 11:39:56

5.

Parties state that they have arrived at the settlement out of their own free will without any threat, pressure, coercion or undue influence. 6.

I am of the opinion that no useful purpose would be served in prosecuting the FIR any further on the ground that the parties have arrived at a voluntary settlement and settled their disputes. 7.

I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice. The Court does not see any fruitful purpose if criminal proceedings as permitted to continue any further. It is a fit case for quashing. In this view of the matter, there is no reason to continue the proceedings. 8.

In view of the judgment of Ganesh v. Sudhir Kumar Shrivastava [(2020) 20 SCC 787], this order shall have no effect on the rights of child of the parties, who shall be free to avail all legal rights and remedies towards inheritance, maintenance, education, marriage expenses etc. against either of her parents.5 9.

FIR No. 179/2019 under Section 498A/406/34 IPC registered at PS Dwarka Sector-23 is hereby quashed.

10.

The petition is disposed of.

JASMEET SINGH, J NOVEMBER 26, 2024/DM Click here to check corrigendum, if any 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 07/12/2024 at 11:39:56