Brij Mohan Vs State Govt.of NCT of Delhi and Anr.

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$~34

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 9891/2024

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BRIJ MOHAN .....Petitioner Through: Petitioner in person.

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versus

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STATE GOVT.OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Ajay Vikram Singh, APP for the State with SI Mandeep Kumar, P.S. Punjabi Bagh. Respondent no. 2 in person.

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CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN

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O R D E R % 17.01.2025

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CRL. M.A. 37882/2024 (exemption)

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Allowed, subject to all just exceptions.

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The application stands disposed of.

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CRL.M.C. 9891/2024

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The present petition has been filed under Section 528 of the BNSS, 2023 seeking quashing of FIR No. 146/2017 under Sections 498A/406/34 IPC registered at Police Station Punjabi Bagh, Delhi, and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

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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 question is quashed.

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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 27/01/2025 at 12:37:43

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The petitioner no.1 (former husband), as well as, respondent no. 2 (former wife), who are present in Court, have been identified by their respective counsel, as well as, by the Investigating Officer SI Mandeep Kumar, P.S. Punjabi Bagh.

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The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 13.08.2016 according to Hindu Rites and Customs.

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On account of temperamental issues certain disputes arose between the parties and they started living separately since September, 2016. The disputes between the parties also led to the registration of present FIR.

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During the pendency of the proceedings, the parties have arrived at a settlement before the Delhi Mediation Centre, Tis Hazari Courts, Delhi, on 26.07.2023, terms whereof were reduced in writing in the form of Settlement dated 26.07.2023, which is annexed as Annexure P-3 to the present petition.

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In terms of the said settlement, the parties decided to dissolve their marriage by filing a petition for divorce by way of mutual consent. Accordingly, the petitioner no.1 and respondent no.2 have obtained a decree of divorce dated 18.03.2024, which is annexed as Annexure P-5 to the present petition.

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The respondent no.2, on a query posed by the Court, states that she has no objection in case the FIR is quashed.

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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.

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It is, thus, in the interest of justice that the present FIR and all the

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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 27/01/2025 at 12:37:43

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other proceedings emanating therefrom be quashed.

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Consequently, the petition is allowed and the FIR No. 146/2017 under Sections 498A/406/34 IPC registered at Police Station Punjabi Bagh, Delhi, alongwith all other proceedings emanating therefrom, is quashed.

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The petition stands disposed of in the above terms.

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VIKAS MAHAJAN, J

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JANUARY 17, 2025 AK

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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 27/01/2025 at 12:37:43

Brij Mohan v. State Govt.of NCT of Delhi and Anr.

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Brij Mohan v. State Govt.of NCT of Delhi and Anr.

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