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High Court of DelhiCRL.M.C./9870/2024

Toni & ORS. v. State Govt. Of NCT Of Delhi And ANR.

2024-12-16Hon'Ble Mr. Justice Anup Jairam Bhambhani2 pages

$~73 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 9870/2024 TONI & ORS.

.....Petitioners Through:

Mr.

Jeewan Chandra and Mr.

Ranbindra Nanda, Advocates with petitioner No.1 in court and petitioners Nos. 2 to 5 via videoconferencing. versus STATE GOVT. OF NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Sanjeev Sabharwal, APP for the State with IO Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 16.12.2024 By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioners, who are the husband and in-laws of the complainant/respondent No. 2, seek quashing of case FIR No. 252/2024 dated 20.05.2024 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Subzi Mandi, Delhi.

2.

The petition is premised on Settlement Agreement dated 14.10.2024 arrived at through counselling before the Counselling Cell, Family Court, Saket, New Delhi.

3.

The petition is supported by affidavits of the petitioners, as also of respondent No. 2, alongwith proof of their IDs. 4.

Petitioner No. 1 as well as respondent No. 2 are present in court. Petitioners Nos. 2 to 5 have joined via video-conferencing. Their CRL.M.C. 9870/2024 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 02/07/2025 at 08:53:25

credentials have been verified and they have also been identified by their respective counsel.

5.

The parties are stated to have resolved all their disputes amicably and in view of the settlement, respondent No.2 has started living together with petitioner No. 1 since 17.10.2024.

6.

Mr. Sanjeev Sabharwal, learned APP confirms that the State has no objection to the subject FIR being quashed.

7.

In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh &Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties. 8.

Accordingly, FIR No. 252/2024 dated 20.05.2024 registered under sections 498-A/406/34 IPC at P.S.: Subzi Mandi, Delhi is quashed. All proceedings arising therefrom also stand closed. 9.

Petition stands disposed-of.

10. Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J DECEMBER 16, 2024/sv CRL.M.C. 9870/2024 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 02/07/2025 at 08:53:25