Delhi High Court - Orders
Rohit Kumar Jha & Ors vs State National Capital Territory Of ... on 27 January, 2022
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 363/2022
ROHIT KUMAR JHA & ORS. ..... Petitioners
Through Ms. Seema Khatri, Advocate
alongwith the petitioners in person
through V.C.
versus
STATE NATIONAL CAPITAL
TERRITORY OF DELHI & ANR. ..... Respondents
Through Mr.Ashok Kumar Garg, APP for State
with SI Rahul, PS Swaroop Nagar.
Complainant/Respondent No.2 in
person through V.C.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
(VIA VIDEO CONFERENCING)
ORDER
% 27.01.2022 CRL.M.A. 1623/2022
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C. 363/20221. The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 341/2019 registered under Sections 498A/406/34 IPC at Police Station Swaroop Nagar, Delhi and consequent proceedings emanating therefrom on the ground that the parties have settled their disputes and are happily living together since April, 2021.
2. The present FIR is an outcome of a matrimonial dispute between the Signature Not Verified Digitally Signed By:VIRENDRA KUMAR Signing Date:28.01.2022 21:16:43 complainant/respondent No. 2 (wife) and petitioner No. 1 (husband). The petitioners No. 2 to 4 are the father-in-law, mother-in-law and sister-in-law of the complainant respectively.
3. Mr. Ashok Kumar Garg, learned APP for the State, on instructions from the Investigation Officer, submits that in the present case, investigation is pending and the petitioners are the only accused persons and respondent No. 2 is the complainant/victim.
4. Learned counsel for the petitioners submits that after ironing out their differences vide Settlement Agreement dated 06.10.2021 before the Delhi Mediation Centre, Rohini District Court, Delhi the parties are happily living together since April, 2021.
5. The petitioners and respondent No. 2, who have joined the V.C. proceedings, are identified by the Investigating Officer/SI Rahul, P.S. Swaroop Nagar, Delhi who has also joined the V.C. proceedings.
6. Respondent No. 2 states that she has been happily living with her husband i.e., petitioner No. 1, since April, 2021 and as of now she has no complaint against the petitioners. She further states that she is giving this statement out of her own free will, volition and without any coercion. She also states that she has no objection if the present FIR and the consequent proceedings are quashed.
7. Learned counsel for the petitioners submits that no other proceedings are pending between the parties.
8. The parties shall remain bound by the statements made in Court today.
9. In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the Signature Not Verified Digitally Signed By:VIRENDRA KUMAR Signing Date:28.01.2022 21:16:43 aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed.
10. With the above directions, the petition is disposed of.
MANOJ KUMAR OHRI, J JANUARY 27, 2022/v Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:VIRENDRA KUMAR Signing Date:28.01.2022 21:16:43