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High Court of DelhiCRL.M.C./9932/2024

Rinku And ORS. v. The State Govt Of NCT Delhi & ANR.

2025-01-30Hon'Ble Mr. Justice Vikas Mahajan3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 9932/2024 RINKU AND ORS.

.....Petitioners Through:

Mr. Kishore & Mr.Harpreet Singh, Advocates.

versus THE STATE GOVT OF NCT DELHI & ANR.

.....Respondents Through:

Mr. Utkrash, APP for the State with SI Surinder Singh, PS Nangloi Advocate for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 30.01.2025 Crl. M.A. 38054/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CRL.M.C. 9932/2024 3.

The present petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No. 150/2020 under Sections 498A/406/34 IPC registered at Police Station Nangloi, New Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

4.

Learned APP appearing on behalf of the State accepts notice. Likewise, notice is also accepted by learned counsel appearing on behalf 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.

5.

The learned APP submits that since the 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. 6.

Petitioner nos. 1 and 3 are present in Court whereas petitioner nos. 4 and 5 have joined through video conferencing. Petitioner no. 2 is stated to have passed away. Respondent no. 2 is also present in Court. The parties have been identified by their respective counsel as well as by the IO/SI Surinder Singh, PS Nangloi, Delhi.

7.

The brief facts of the case are that the marriage between the petitioner no.1 (former husband) and respondent no. 2 (former wife) was solemnized on 23.11.2015 according to Hindu Rites and Customs. No child was born out of the said wedlock.

8.

On account of temperamental issues certain disputes arose between the parties and a complaint was filed on 07.03.2020 by the respondent no. 2 against the petitioners.

The dispute between the parties also led to the registration of present FIR.

9.

During the pendency of the proceedings, the parties have arrived at a settlement and in terms of the said settlement, the parties decided to dissolve their marriage by filing a petition for divorce by way of mutual consent. Accordingly, the petitioner no.1 and respondent no.2 have obtained a decree of divorce dated 06.01.2022, which is annexed as Annexure-B to the present petition.

10.

The respondent no.2, on a query posed by the Court, affirms the factum of settlement as above 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 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.

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. 150/2020 under Sections 498A/406/34 IPC registered at Police Station Nangloi, New Delhi alongwith all other proceedings emanating therefrom, is quashed. 14.

The petition stands disposed of in the above terms. VIKAS MAHAJAN, J JANUARY 30, 2025 'rs'

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