CRL.M.C./52/2024 of MANISH KUMAR & ORS. Vs THE STATE (GOVT. OF NCT OF DELHI) & ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 52/2024 MANISH KUMAR & ORS. ..... Petitioners MANISH KUMAR & ORS. ..... Petitioners

Through: Mr. R.K. Panwar, Adv.

versus

THE STATE (GOVT. OF NCT OF DELHI) & ANR.

..... Respondents

Through: Mr. Raj Kumar, APP for State with SI Ajit Krishna, PS. Gokalpuri.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R R04.01.2024

CRL.M.A. 206/2024 (exemption)

1.Allowed, subject to all just exceptions.

2.Application stands disposed of.

CRL.M.C. 52/2024

3.The present petition has been filed under Article 227 of the Constitution of India read with Section 482 CrPC seeking quashing of FIR No.213/2021 under Sections 498A/406/506/323/34 IPC and Sections 3/4 of

Dowry Prohibition Act, 1961 registered at Police Station Gokulpuri and all consequential proceedings emanating therefrom on the ground that the parties have arrived at settlement.

4.Issue notice. The learned APP for the State accepts notice. He submits

that since the FIR is an outcome of matrimonial dispute and the parties have arrived at settlement, the State has no objection in case the FIR in

question is quashed.

5.The petitioner no.1 (husband) and the petitioner nos. 2 to 5, who are close relatives of petitioner no.1, as well as, respondent no. 2 (wife) are present in the Court and they have been identified by their counsel and by the Investigating Officer SI Ajit Krishna, PS. Gokulpuri.

6.The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 10.12.2017 according to Hindu Rites and Customs. No child was born out of the said wedlock.

7.On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 03.08.2020. The dispute between the parties also led to the registration of present FIR.

8.At one stage, the divorce petition was also filed by the petitioner no.1. During the pendency of the divorce proceedings, the parties were referred to the Counselling cell attached to the learned Family Court, where the parties arrived at settlement, terms whereof were reduced in writing in the form of Settlement dated 18.10.2022, which is annexed as Annexure (colly.) to the present petition.

9.It is recorded in the settlement that the parties have agreed to stay together and accordingly the parties are now residing together w.e.f 02.11.2022.

10.The respondent no.2, on query put by the Court, states that she has no objection in case the FIR is quashed and affirms the position that she is residing with her husband at her matrimonial home.

11.In view of the fact that the parties have arrived at settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

12.It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. other proceedings emanating therefrom be quashed.

13.Consequently, the petition is allowed and the FIR No.213/2021 under Sections 498A/406/506/323/34 IPC and Sections 3/4 of Dowry Prohibition Act, 1961 registered at Police Station Gokulpuri alongwith all other proceedings emanating therefrom, is quashed.

14.The petition stands disposed of in the above terms.

15.Order be uploaded on the website of this court.

JANUARY 4, 2024/dss

VIKAS MAHAJAN, J