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Manish Bhola vs The State & Anr on 7 February, 2023

Author: Swarana Kanta Sharma

Bench: Swarana Kanta Sharma

                          $~25
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CRL.M.C. 5801/2019
                                 MANISH BHOLA                                               ..... Petitioner
                                                     Through:      Mr. Rajeev Kapoor and               Ms.
                                                                   Madhubala Gautam, Advocates
                                                     versus
                                 THE STATE & ANR.                                        ..... Respondents
                                                     Through:      Mr. Naresh Kumar Chahar, APP for
                                                                   the State with SI Pramod Kumar, P.S.
                                                                   Sagarpur
                                 CORAM:
                                 HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
                                               ORDER

% 07.02.2023 CRL.M.A. 40355/2019 (delay of 11 days)

1. By this application under Section 482 CrPC of the Code of Criminal Procedure, 1973 has been filed on behalf of petitioner seeking condonation of delay of 11 days in re-filing the present petition. In view of the reasons stated in the application, the delay of 11 days in re-filing the present petition stands condoned.

2. Application stands disposed of.

3. The instant petition under Section 482 of the Code of Criminal Procedure, 1973("Cr.P.C.") has been filed by the petitioner seeking quashing of FIR bearing no. 534/2015 registered at Police Station Sagarpur, Delhi for offences punishable under Sections 498A/34 of the Indian Penal Code, 1860 ("IPC").

4. Issue notice. Mr. Naresh Kumar Chahar, learned APP accepts notice on behalf of the State.

5. Petitioner is present before this Court and has been identified by his counsel Mr. Rajeev Kapoor and Investigating Officer (IO) SI Pramod Kumar, Police Station Sagarpur, Delhi.

6. Brief facts of the present case are that marriage between petitioner and respondent no. 2 was solemnized on 16.02.2006. No child was born out of the wedlock. It is stated that due to misunderstanding and temperamental differences, respondent no.2 had lodged a complaint against the petitioner before CAW cell. On the basis of said complaint, an FIR bearing no. 534/2015 for the offences punishable under Section 498A/34 IPC was registered at Police Station Sagarpur, Delhi against petitioner. During the pendency of the present FIR, with the intervention of family members and respectable person of the society, both the parties had amicably settled their disputes and entered into Memorandum of Understanding dated 17.08.2018.

7. 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/compromised between them and they have obtained decree of divorce by mutual consent from the concerned Court. Respondent no. 2 further stated that she has no objection if FIR may be quashed.

8. It is submitted that respondent no.2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with petitioner.

9. The petitioner had paid a sum of Rs. 2,50,000/- in three installments in the following manner:

a. First installment of Rs.1,00,000/- paid to respondent no.2 by way of Bank Draft/Cheque at the time of recording statements in the first motion petition.

b. Second installment of Rs. 1,00,000/- paid to respondent no. 2 at the time of recording statements in the second motion petition. c. Third/Final instalment of Rs. 50,000/- to be paid at the time of quashing of the FIR before the Hon'ble High Court at New Delhi.

10. Today, the complainant who is present in Court states that she has received the last and final instalment of Rs. 50,000/- today, i.e., 07.02.2023 in her bank account no. 09500110068861, UCO Bank, New Delhi and has no objection if the FIR is quashed.

11. 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.

12. Accordingly, FIR bearing no. 534/2015 registered at Police Station Sagarpur, Delhi for offences punishable under Sections 498A/34 of IPC and all consequential proceedings emanating therefrom are quashed.

13. In view of above, the present petition stands disposed of.

14. The order be uploaded on the website forthwith.

SWARANA KANTA SHARMA, J FEBRUARY 7, 2023/ns Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:10.02.2023 20:20:55