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High Court of DelhiCRL.M.C./9581/2024

Pardeep Kumar & ORS. v. State Of NCT Of Delhi & ANR.

2025-03-04Hon'Ble Mr. Justice Vikas Mahajan3 pages

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9581/2024 PARDEEP KUMAR & ORS.

.....Petitioner Through:

Mr. Kunal Malhotra, Mr. Ravinder Gaur and Mr. Manish, Advocates versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Utkrash, APP for the State with ASI Devi Sharan, PS Mansarovar Park Respondent No. 2 in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 04.03.2025 CRL.M.A. 36780/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CRL.M.C. 9581/2024 3.

The present petition has been filed under Section 528 of BNSS, 2023 seeking quashing of FIR No. 113/2021 under Sections 498A/406/34 IPC registered at Police Station Mansarovar Park, New 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. The learned APP submits that since the FIR is an outcome of a The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

matrimonial dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed. 5.

The petitioner no.1 (husband), petitioner nos.2 to 4, who are close relatives of petitioner no.1, as well as, respondent no. 2 (wife) are present in the Court and they have been identified by the learned counsel for the petitioners, as well as, by the Investigating Officer i.e. ASI Devi Sharan, Polcie Station Mansarovar Park, New Delhi.

6.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 13.07.2016 according to Hindu Rites and Customs.

7.

On account of temperamental issues certain misunderstanding arose between the parties and respondent no.2 left her matrimonial home and lodged the aforesaid FIR.

8.

During the pendency of the proceedings, the parties arrived at an amicable resolution and decided to live together peacefully. 9.

The petition is supported by an affidavit of respondentno. 2 stating that she is residing with petitioner no. 1 at the matrimonial home. 10.

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.

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. 113/2021 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/406/34 IPC registered at Police Station Mansarovar Park, New Delhi alongwith all other proceedings emanating therefrom, is quashed. 14.

The petition stands disposed of in the above terms. VIKAS MAHAJAN, J MARCH 4, 2025 'rs'

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