Smt Nisha v. The State NCT Of Delhi And ORS
$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 10187/2024 SMT NISHA .....Petitioner Through:
Mr. Sunny Sachdeva, Adv. along with petitioner.
versus THE STATE NCT OF DELHI AND ORS .....Respondents Through:
Mr. Digam Singh Dagar, APP for State with SI Gajender, PS Aman Vihar, Delhi.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 24.12.2024 1.
The present petition has been filed under Section 528 of BNSS, 2023 seeking quashing of FIR No.567/2016 under Sections 498A/406/34 IPC registered at Police Station Aman Vihar, Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.
2.
Issue notice. Mr. Digam Singh Dagar, the learned APP appearing on behalf of the State accepts notice. He 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. 3.
The petitioner no.1 (wife), as well as, respondent no. 2 (husband) are present in the Court and they have been identified by the Investigating The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Officer, i.e., S.I. Gajender, P.S. Aman Vihar, Delhi. 4.
The brief facts of the case are that the marriage between the petitioner and respondent no. 2 was solemnized on 27.07.2015 according to Hindu Rites and Customs.
5.
On account of certain misunderstanding between the parties the petitioner lodged the aforesaid FIR.
6.
During the pendency of the proceedings, the parties arrived at an oral settlement.
7.
In terms of the said settlement, the parties amicably resolved all their disputes and started living together peacefully. 8.
It has been agreed between the parties that they shall cooperate with each other in all possible manner and they shall fulfil all their duties and responsibilities towards each other and their family members. 9.
The petitioner, on a query put 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.
10.
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.
11.
It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.
12.
Consequently, the petition is allowed and the FIR No.567/2016 under Sections 498A/406/34 IPC registered at Police Station Aman Vihar, Delhi along with all other proceedings emanating therefrom, is quashed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
13.
The petition stands disposed of in the above terms. 14.
Order be uploaded on the website of this court. VIKAS MAHAJAN, J DECEMBER 24, 2024 aj The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.