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High Court of DelhiCRL.M.C./9792/2024

Robin Yadav v. State Govt. Of NCT Of Delhi And ANR.

2024-12-13Hon'Ble Mr. Justice Vikas Mahajan3 pages

$~44 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 9792/2024 ROBIN YADAV .....Petitioner Through:

Mr. Prabhanjan Jha and Mr. Neeraj Gahlaut, Advs.

versus STATE GOVT. OF NCT OF DELHI AND ANR......Respondents Through:

Mr. Digam Singh Dagar, APP for State with SI Sarita (Main IO), PS.

Uttam Nagar and SI Deshraj, PS.

Baba Haridas Nagar.

Ms. Archana Kumari, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 13.12.2024 CRL.M.A. 37537/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 9792/2024 3.

The present petition has been filed under Section 482 CrPC read with Section 528 BNSS seeking quashing of FIR No.487/2021 under Sections 498A/34 IPC registered at Police Station Baba Haridas Nagar and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

4.

Issue notice. The learned APP for the State accepts notice. He submits that since the FIR is an outcome of a matrimonial dispute and the parties The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

have arrived at a settlement, the State has no objection in case the FIR in question is quashed.

5.

The petitioner (husband), who has joined through VC and the respondent no. 2 (wife), who is present in the Court, have been identified by their respective counsel, as well as, by the Investigating Officer SI Sarita (Main IO), PS. Uttam Nagar and SI Deshraj, PS. Baba Haridas Nagar. 6.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 12.12.2018 according to Hindu Rites and Customs. No child was born out of the said wedlock. 7.

On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 30.04.2019. The dispute between the parties also led to the registration of present FIR. 8.

During the pendency of the proceedings, the parties have arrived at an oral settlement and have sorted out all their disputes and are living together w.e.f 26.09.2023.The petition is also supported by an affidavit of respondent no. 2 which is at page nos.17-18 of the present petition. 9.

It has been agreed between the parties that they will cooperate with each other in all possible manner and they will fulfil all their duties and responsibilities towards each other and their family members. 10.

It is borne out from the settlement that the petitioner and respondent no.2 have decided to reside together as husband and wife. The petitioner (husband) who has joined through VC and the respondent no. 2 (wife), who is present in the Court, affirms that now they are residing together. 11.

The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.

12.

In view of the fact that the parties have arrived at a settlement, no The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

13.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 14.

Consequently, the petition is allowed and the FIR No.487/2021 under Sections 498A/34 IPC registered at Police Station Baba Haridas Nagar alongwith all other proceedings emanating therefrom, is quashed. 15.

The petition stands disposed of in the above terms. 16.

Order be uploaded on the website of this Court. VIKAS MAHAJAN, J DECEMBER 13, 2024/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.