Krishan Kumar @ Krishan Mahto & ORS. v. The State Govt Of NCT Of Delhi & ANR.
$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3713/2024, CRL.M.A. 35626/2024 KRISHAN KUMAR @ KRISHAN MAHTO & ORS......Petitioners Through:
Mr. Ramesh Kumar Pal and Mr.
Anish Shrestha, Advocates with petitioners in person.
versus THE STATE GOVT OF NCT OF DELHI & ANR......Respondents Through:
Mr. Rahul Tyagi, ASC for State with ASI Ram Phool (main IO) SI Bhoop Singh, P.S. Binda Pur.
Mr. Nigam Yadav and Mr. Firoz Khan, Advocates for respondent No.2 with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 28.11.2024
O R D E R
1.
The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 0282/2023 registered under Sections 498-A/406/34 IPC at P.S. Binda Pur, Delhi, on the ground that the parties have amicably settled their disputes.
2.
The present FIR is an outcome of a matrimonial dispute between the complainant/respondent No. 2 (wife) and the petitioners wherein petitioner No.1 is the husband and petitioner Nos. 2 to 5 are the in-laws of the complainant/respondent No.2.
3.
Ld. ASC for the State submits that in the present case, the petitioners are the only accused persons and respondent No.
is the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
complainant/victim.
4.
Learned counsel for the petitioners submits that the parties have settled their disputes vide MOU dated 01.10.2024, a copy of which has been placed on record. In terms of the settlement, 1st Motion of divorce under Section 13(B)(1) of the Hindu Marriage Act, 1956 (hereinafter, referred to as HMA) has already been granted by the Ld. Family Court-01, South West, Saket Courts), New Delhi vide order dated 04.11.2024. It is further submitted that the 2nd motion will be filed post quashing of the present FIR. 5.
The petitioners, who are present in Court, have been identified by their counsel as well as by the I.O.
6.
Respondent No. 2 is also present in Court alongwith her counsel and has been identified by the concerned I.O. She states that she has settled her disputes with petitioner No.1 out of her own free will, volition and without any coercion. She states that she has no objection in case the present FIR is quashed against the petitioners.
7.
Learned counsels for the parties, on instructions, submit that the parties undertake to cooperate with each other in filing the petition for 2nd motion of divorce by mutual consent under Sections 13(B)(2) of HMA at the earliest and to appear before the concerned Court. 8.
The parties shall remain bound by the statements and undertaking made in Court today.
9.
In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed.
10.
With the above directions, the petition is disposed of alongwith The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
pending application.
MANOJ KUMAR OHRI, J NOVEMBER 28, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.