Sh. Anil Kumar @ Anil Kumar Kanojia & Anr. Vs the State Govt. of NCT of Delhi & Anr.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.M.C. 2696/2025

SH. ANIL KUMAR @ ANIL KUMAR KANOJIA & ANR. .....Petitioners Through: Ms. Reena Singh, Advocate with Petitioner no. 1 in person and Petitioner no. 2 through video conferencing.

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versus

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THE STATE GOVT. OF NCT OF DELHI & ANR. .....Respondents Through: Ms. Manjeet Arya, APP for the State with SI Tej Dutt, P.S. Hari Nagar. Ms. Vishaka Gupta, Advocate for Respondent no. 2 with Respondent no. 2 in person.

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CORAM:

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HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

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% 04.07.2025

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CRL.M.A. 18741/2025 (for early hearing)

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This is an application filed by the Petitioners seeking early hearing of the present petition.

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For the reasons stated in the application, the same is allowed and the present petition is taken up for hearing today itself.

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The application stands disposed of.

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CRL.M.C. 2696/2025

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The Petitioners, by way of the present petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023, seek quashing of

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This is a digitally signed order.

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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 09/07/2025 at 11:35:48

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FIR No. 147/2012 [“ subject FIR ”] dated 25.04.2012 registered under Sections 498A/406/34 Indian Penal Code, 1860, at Police Station Hari Nagar, Delhi, and all proceedings emanating therefrom.

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It is stated on behalf of the parties that they have arrived at an amicable and voluntary resolution vide Settlement dated 24.03.2025 drawn through Delhi Mediation Centre, Tis Hazari Courts, Delhi. The said Settlement, embodying the terms of the settlement along with affidavits of both the Petitioners and of Respondent No. 2, has also been placed on record for the perusal of this Court. 6. Pursuant to the afore-stated Settlement, the present petition was filed.

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The Statement of the Petitioners and Respondent No.2 have been recorded by the learned Joint Registrar (Judicial) vide Order dated 27.05.2025. The Petitioners, as well as Respondent No. 2, have also been duly identified by their respective counsels as well as the Investigating Officer before the learned Registrar.

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Issue Notice. 9. Learned APP for the State and learned counsel for Respondent No. 2 accept notice.

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The Petitioners, as also Respondent No. 2 are present in Court and their respective credentials have also been verified by this Court. 11. In view of the foregoing, the learned counsels for the parties jointly prayed for the quashing of the subject FIR. 12. Learned APP for the State states that she has no objection to the quashing of the FIR.

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Respondent No. 2 confirms that Petitioner No.1 and Respondent No.2 have been granted divorce by mutual consent vide Decree of Divorce dated 22.08.2023. She further affirms the Settlement. She

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This is a digitally signed order.

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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 09/07/2025 at 11:35:48

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states that she has no objection to the quashing of the present FIR. 14. In view of the settlement arrived at between the parties and following the law laid down by the Hon’ble Supreme Court in Jitendra Raghuvanshi & Ors. Vs. Babita Raguvanshi & Anr (2013) 4 SCC 58 , Gian Singh vs. State of Punjab & Anr. (2012) 10 SCC 303 and Narinder Singh & Ors. vs. State of Punjab & Anr. (2014) 6 SCC 466, this Court finds no reason as to why the subject FIR and subsequent proceedings emanating therefrom are quashed. In light of the Settlement arrived at between the consenting parties, continuing with the subject FIR and all subsequent proceedings would be a futile exercise and would not be conducive to peace and harmony between the parties.

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In conspectus of the above stated facts and the Settlement dated 24.03.2025, the subject FIR bearing No. 147/2012 dated 25.04.2012 registered under Sections 498A/406/34 IPC at Police Station Hari Nagar, and all proceedings emanating therefrom, are hereby quashed. 16. The present petition and pending application(s), if any, are, accordingly, disposed of in the aforesaid terms.

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HARISH VAIDYANATHAN SHANKAR, J.

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JULY 4, 2025/ AK/va

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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 09/07/2025 at 11:35:48

Sh. Anil Kumar @ Anil Kumar Kanojia & Anr. v. the State Govt. of NCT of Delhi & Anr.

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Sh. Anil Kumar @ Anil Kumar Kanojia & Anr. v. the State Govt. of NCT of Delhi & Anr.

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