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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 52/2024
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
ORDER
% 04.01.2024
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 a settlement.
4. Issue notice. The learned APP for the State accepts notice. He submits
that since the FIR is an outcome of a matrimonial dispute and the parties
have arrived at a settlement, the State has no objection in case the FIR in
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 06/01/2024 at 22:13:23
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 a settlement, terms whereof were reduced in writing in the form of
Settlement dated 18.10.2022, which is annexed as Annexure C (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 a 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 a settlement, no
useful purpose will be served in continuing the proceedings, rather the same
would create further acrimony between them.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 06/01/2024 at 22:13:23
12. It is, thus, in the interest of justice that the present FIR and all the
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.
VIKAS MAHAJAN, J
JANUARY 4, 2024/dss
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 06/01/2024 at 22:13:24