CRL.M.C./3339/2024 of MANOJ KUMAR ARORA (THROUGH ATTRONEY HARI SINGH) AND ANR. Vs STATE OF NCT OF DELHI AND ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 3339/2024

MANOJ KUMAR ARORA (THROUGH ATTRONEY HARI

SINGH) AND ANR.

..... Petitioners

Through: Mr. Ntendra Sharma, Ms. S. Kumari and Mr. Dhanvir Dutt, Advocates and Mr. Dhanvir Dutt, Advocates

versus

STATE OF NCT OF DELHI AND ANR. ..... Respondents

Through: Ms. Manjeet Arya, APP for the State with SI Raghubir Prasad, P.S. Khyala. Mr. Vikash Sharma and Mr. Arman Bhola, Advocates for R-2 along with R-2. with SI Raghubir Prasad, P.S. Khyala. Mr. Vikash Sharma and Mr. Arman Bhola, Advocates for R-2 along with R-2.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R R30.04.2024

1.The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been filed on behalf of petitioners seeking quashing of FIR bearing no. 414/2018, registered at Police Station Khyala, Delhi for the offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (‘IPC’) and all consequential proceedings emanating therefrom.

2.Issue notice. Ms. Manjeet Arya, learned APP accepts notice on behalf of State.

3.Petitioners are present before this Court and have been identified by

their counsel Mr. Ntendra Sharma and Investigating Officer (IO)SI Raghubir Prasadfrom Police Station Khyala, Delhi.

4.Brief facts of the present case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 26.11.2014 as per Muslim rites and ceremonies at Mangol Puri, Delhi. No child was born out of the said wedlock.On the complaint of respondent no. 2, the present FIR bearing no. 414/2018 was registered at Police Station Khyala, Delhi against the petitioners for offence punishable under Sections 498A/406/34 of IPC. It is stated that chargesheet in this case stands filed before the concerned Court. It is stated that during the pendency of the case, both the parties have amicably settled all their disputes vide Settlement Agreement dated 23.04.2024 and dissolved their marriage by way of mutual consent.

5.On 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 23.04.2024.

6.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 no.1 and other family members. Respondent no. 2 further stated that she has no objection, if the FIR is quashed.

7.Today, the complainant who is present in Court states that she has received the full and final settled amount of Rs. 11,50,000/- today, i.e., 30.04.2024 vide DD No. 324036 drawn on State Bank of India, Ghaziabad

and has no objection, if the FIR is quashed.

8.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.

9.Accordingly, FIR bearing no. 414/2018, registered at Police Station Khyala, Delhi for the offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.

10.In view of above, the petition stands disposed of.

11.The order be uploaded on the website forthwith.

APRIL 30, 2024/zp

SWARANA KANTA SHARMA, J

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