Delhi High Court - Orders
Vishal Kumar & Ors vs State Of Govt Of Nct Delhi & Anr on 19 December, 2022
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2643/2022
VISHAL KUMAR & ORS. ..... Petitioners
Through: Mr. Anish Shreshta & Mr. Firoz Khan
Advocates for petitioners alongwith
petitioner no. 1.
versus
STATE OF GOVT OF NCT DELHI & ANR. ..... Respondents
Through: Mr. Anand V. Khatri, ASC(Crl.) for
the State with IO.
Mr. Mayank Singhal and Mr. Bharat
Bagga, Advocates for R-2 with R-2.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 19.12.2022 CRL.M.A. 25232/2022 (for early hearing)
6. For the reason stated in the application, the early hearing application is allowed. There is no objection for granting early hearing from the other side.
7. The application stands disposed of. The next date of hearing i.e. 25.01.2023 as already fixed stands cancelled.
W.P.(CRL) 2643/2022
8. The instant petition under Article 226/227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") has been filed by the petitioners seeking quashing of FIR bearing no. 196/2021 registered at Police Station Mangolpuri, Delhi for offences Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:21.12.2022 12:32:50 punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 ("IPC"), and all consequential proceedings emanating therefrom.
9. Issue notice. Mr. Anand V. Khatri, learned ASC accepts notice on behalf of the State.
10. Petitioner no. 1 is present before this Court and petitioner no. 2 to 5 are present through Video Conferencing. All the petitioner have been identified by their counsel Mr. Anish Shreshta and Investigating Officer (IO) from Police Station Mangol Puri, Delhi.
11. Brief facts of the present case are that marriage between petitioner no. 1 and respondent no. 2 was solemnized on 18.02.2017 as per Hindu Rites and customs. After the marriage, due to differences of opinion and temperamental attitudes, major disputes arose between petitioner no. 1 and respondent no. 2 and they had started living separately since 26.03.2017. The respondent no. 2 made a complaint before CAW Cell and on the basis of said complaint, an FIR bearing no. 196/2021 for the offences punishable under Section 498A/406/34 IPC was registered at Police Station Mangolpuri, Delhi. It is stated that on 09.10.2021, the matter has been settled between petitioners and respondent no.2 and an agreement was also executed in this regard.
12. On a query made by this Court, respondent no. 2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no. 2 that the entire dispute has been amicably settled between the parties vide Settlement Agreement dated 09.10.2021 entered into between them.
13. It is submitted that no. 2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:21.12.2022 12:32:50 of past, present and future maintenance and permanent alimony with petitioner No.1 and other family members.
14. Today, the complainant who is present in Court states that she has received all amount and has no objection if the FIR is quashed.
15. In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.
16. Accordingly, FIR bearing no. 196/2021 registered at Police Station Mangolpuri, Delhi for offences punishable under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom are quashed.
17. The present petition stands disposed of.
18. The order be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J DECEMBER 19, 2022/kss Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:21.12.2022 12:32:50 Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:21.12.2022 12:32:50