CRL.M.C./2124/2024 of MS PALAK MEHTA & ANR. Vs STATE NCT OF DELHI AND ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2124/2024

MS PALAK MEHTA & ANR.

..... Petitioners

Through: Mr. Ajay Kumar Chopta, Mr. Mudit Talesara & Mr. Nandita Mishra, Advs.

versus

STATE NCT OF DELHI AND ANR.

..... Respondents Through: Mr. Naresh Kumar Chahar, APP for the State along with Ms. Shagun Seth, Ms. Reshma Ansari and Mr. Lalit Kumar, Advs.

Insp. Satvinder, Special Cell along with SI Narender, PS Kalkaji.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

21.05.2024

1.The present writ petition under Section 482 of the Code of Criminal

Procedure, 1973 ('Cr.P.C.') has been filed on behalf of the petitioners seeking quashing of the case arising out of FIR bearing No. 206/2013, registered at Police Station Kalkaji, New Delhi, for offences punishable under Section 66 of the Information Technology Act, 2000 („IT Act‟) and Section 201 of the Indian Penal Code, 1860 („IPC‟).

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

3.Brief facts of the case are that on 22.11.2010, the petitioner no. 1 got married to Mr. Pruthvi Vijay Kumar Mehta, i.e. the younger brother of

respondent no. 2 in Vrindavan. It is stated that in September 2011, the petitioner no. 1 was sent back to her parental home in Surat, due to matrimonial disputes and dowry demands. In 2012, the petitioner no. 1 had filed domestic violence complaint in Surat, against her husband. On 23.05.2013, on the complaint of respondent no. 2, the said FIR was lodged against the petitioner no. 1 and 2, registered at Police Station Kalkaji, New Delhi. On 20.05.2016, charge-sheet was filed against the petitioners in the learned Trial Court, In October 2022, the petitioner no. 1 and her husband started living together and all disputes were settled amongst them. Hence, the present petition for quashing of FIR has been filed.

4.The parties are present before this Court in-person and have been identified by their counsel and Investigating Officer concerned.

5.The complainant who is present before this Court states that it was matrimonial dispute and the parties have since now amicable settled the matter, the present FIR be quashed.

6.In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is family matter, this Court is of the opinion that no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. Moreover, there is no legal impediment in quashing the FIR in question.

7.Accordingly, FIR bearing No. 206/2013, registered at Police Station Kalkaji, New Delhi, for offences punishable under Section 66 of the IT Act and Section 201 of the IPC and all consequential proceedings emanating

therefrom are quashed.

8.The petition stands disposed of.

9.The order be uploaded on the website forthwith.

MAY 21, 2024/at

SWARANA KANTA SHARMA, J

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