Shri Vikash Yadav And ORS v. The State NCT Of Delhi And ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 9667/2024 SHRI VIKASH YADAV AND ORS .....Petitioners Through:
Mr. Prashant Godera and Mr. Deepak Yadav, Advocates versus THE STATE NCT OF DELHI AND ANR .....Respondents Through:
Mr.Pradeep Gahlot, APP for the State with ASI Babita, PS Chhawla Mr. Piyush Gupta, Mr. Prateek Gupta, Mr. Rohit Goyal and Mr. Atishay Jain, Advocates for-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 17.01.2025 1.
The present petition has been filed under Section 528 of the BNSS, 2023 seeking quashing of FIR No. 459/2022 under Sections 498A/406/34 IPC registered at Police Station Chhawla, Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.
2.
Issue notice. The learned APP for the State accepts notice. He submits that since the present FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed.
3.
The present FIR was registered at the instance of respondent no. 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
who is wife of the petitioner no. 1. The petitioner nos. 2 to 4 are stated to be family members of the husband of the complainant/respondent no. 2. 4.
The parties are present in the Court and they have been identified by their respective counsel, as well as, by the Investigating Officer /ASI Babita, Police Station Chhawla.
5.
During the pendency of proceedings, the parties are stated to have entered into a settlement, the terms whereof have been reduced into writing in the form of a Memorandum of Understanding/Settlement Deed dated 06.11.2024, a copy of which is annexed as Annexure-B to the present petition 6.
As per the settlement, the complainant/respondent no. 2 and the petitioner no. 1 are now residing together as husband wife with their minor children and no dispute is pending between the parties. It is also a term of the Settlement that the respondent no. 2 has no objection if the present FIR is questioned.
7.
On a query posed by the Court, the respondent no.2 who is present in Court, affirms the fact of settlement and states that they are living together as husband-wife happily and states that she has no objection in case the FIR is quashed.
8.
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.
9.
It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 10.
Consequently, the petition is allowed and the FIR No. 459/2022 under Sections 498A/406/34 IPC registered at Police Station Chhawla, Delhi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
alongwith all other proceedings emanating therefrom, is quashed. 11.
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.