Delhi High Court - Orders
Munish Kumar Alias Manish Vasney& Ors vs Govt. Of Nct Of Delhi & Anr on 14 January, 2022
Author: Mukta Gupta
Bench: Mukta Gupta
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3032/2021
MUNISH KUMAR alias MANISH VASNEY& ORS..... Petitioner
Represented by: Mr. Harish Chander, Advocate along
with petitioners in person through
video conferencing.
versus
GOVT. OF NCT OF DELHI & ANR. ... Respondent
Represented by: Mr. G.M. Farooqui, APP for the State
with SI Ranveer, PS Vivek Vihar
through video conferencing.
Mr. Jitender Kumar, Advocate for
R-2 along with R-2 in person through
video conferencing.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 14.01.2022 The hearing has been conducted through Video Conferencing.
1. By this petition, the petitioners seek quashing of FIR No.618/2017, under Sections 498A/406/34 IPC, registered at PS Vivek Vihar on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have entered into a settlement.
2. Notice.
3. Mr. G.M. Farooqui, learned APP for the State accepts notice. On instructions from Investigating Officer he submits that in the above-noted FIR the three petitioners are the accused and respondent No.2 is the only complainant/ victim and no other person is involved.
4. In the above noted FIR, respondent No.2 stated that she got married to the petitioner No.1 on 15th February, 2013 and the said marriage was performed by her parents to the best of their capability and they spent Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA CRL.M.C. 3032/2021 Page 1 of 3 Signing Date:15.01.2022 14:25:37 ₹8,00,000/- on the same, however, still the petitioners were not satisfied and a demand of ₹3,00,000/- and a motorcycle was made, on non-fulfilment whereof, the petitioner No.1 left the complainant alone at the station. It is stated that on 1st August, 2016 the petitioner No.1 left the complainant at her parental home did not come to take her and made her sign on blank papers on 6th January, 2017. From the wedlock of the petitioner No.1 and respondent No.2 a male child, namely, Nikhil was born, who is now 8 years old.
5. During the pendency of the trial in the above noted FIR, the parties have entered into a settlement before the Principal Judge, Counselling Cell, Family Courts, Karkardooma, Delhi on 10th March, 2021, copy whereof is annexed as Annexure-D to the present petition.
6. Respondent No. 2 who is present through video conferencing and is identified by the learned counsel and the Investigating Officer states that she has settled the matter with the petitioners before the Counselling Cell, Family Courts, Karkardooma, Delhi on 10th March, 2021. In terms of the settlement she is residing with the petitioners and her minor child at the matrimonial home since 10th March, 2021 and she has now no cause of grievance. She states that in view of the settlement arrived at between the parties she does not wish to pursue the above noted FIR and the proceedings pursuant thereto and undertakes to abide by the terms of settlement arrived at between the parties. She further states that she will make best endeavour to ensure that the petitioner No.1 and respondent No.2 live a happy married life.
7. Petitioners who are present through video conferencing and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA CRL.M.C. 3032/2021 Page 2 of 3 Signing Date:15.01.2022 14:25:37 parties. Petitioner No.1 further states that he will ensure that the married life of the petitioner No.1 and the respondent No.2 runs smoothly and no cause of grievance is given to the respondent No.2.
8. In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.
9. Consequently, FIR No.618/2017, under Sections 498A/406/34 IPC, registered at PS Vivek Vihar and proceedings pursuant thereto are hereby quashed.
10. Petition is disposed of.
11. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
JANUARY 14, 2022 vk Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA CRL.M.C. 3032/2021 Page 3 of 3 Signing Date:15.01.2022 14:25:37