CRL.M.C./262/2025 of ROHIT KUMAR MATOO AND ORS Vs THE STATE OF NCT OF DELHI AND ANR

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 262/2025

ROHIT KUMAR MATOO AND ORS

.....Petitioners

Through: Petitioners with their counsel Ms. Monika Sharma and Ms. Aanchal Suryan, Advs. Monika Sharma and Ms. Aanchal Suryan, Advs.

versus

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

Through: Mr. Rajkumar, APP for the State along with SI Vinay. along with SI Vinay.

R-2 with her counsel Mr. Bijendra Singh Sharma, Ms. Shrishti and Ms. Sameeksha Singh Jarial, Advs. Singh Sharma, Ms. Shrishti and Ms. Sameeksha Singh Jarial, Advs.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA O R R03.04.2025

1.By way of the instant petition, the petitioners seek quashing of FIR bearing no. 471/2020, registered at Police Station Keshav Puram, Delhi, for the offence punishable under Sections 498A/406/354/506/34 of the Indian Penal Code, 1860 (hereafter ‘IPC’).

2.Brief facts of the case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 12.03.2018, according to Hindu rites and rituals. It is stated that male child was born out of the said wedlock. It is stated that due to certain differences, the parties started residing separately since 29.07.2019 and the present FIR had got registered at the behest of respondent no. 2. Thereafter, both the parties had amicably

settled all their disputes vide Memorandum of Settlement (MoU) dated 05.06.2023, wherein it was inter-alia settled between the parties that both the parties shall withdraw their respective cases, filed against each other. It was also agreed between the parties that the custody of the minor chid shall remain with respondent no. 2 and petitioner no. 1 shall have no visitation rights to meet the minor child. The parties have also filed an affidavit with regard to the custody of the minor child. It is further stated that the marriage between the petitioner no. 1 and respondent no. 2 had been dissolved before the concerned Court. In view of the settlement, the present petition has been filed. The separate statements of petitioner no. 1 and respondent no. 2 in this regard have been recorded by the learned Joint Registrar (Judicial) on 03.02.2025.

3.The parties are present before this Court in person today, and have been identified by their counsel and Investigating Officer (IO) concerned. 4.The concerned Joint Registrar (Judicial) has already recorded the statements of the parties regarding the agreement entered into voluntarily between the parties.

5.Today, the complainant/respondent no. 2 who is present in Court states that she has received all of the amount due to her and that she has no objection, if the present FIR is 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 arises out of family dispute, 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 present FIR and the

proceedings pursuant thereto. Moreover, there is no legal impediment in quashing the FIR in question.

7.Accordingly, FIR bearing no. 471/2020, registered at Police Station Keshav Puram, Delhi, for the offence punishable under Sections 498A/406/354/506/34 of the IPC and all consequential proceedings emanating therefrom, are quashed.

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

9.The order be uploaded on the website forthwith.

APRIL 03, 2025/A

DR. SWARANA KANTA SHARMA, J

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