Sushil Kansal And Others v. State(NCT Of Delhi) And Anor

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 606/2024 SUSHIL KANSAL AND OTHERS ..... Petitioners Through:

Mr.Baldev Sharma, Adv.

versus STATE(NCT OF DELHI) AND ANR ..... Respondents Through:

Mr. Shoaib Haider, APP with SI Shivendra Singh.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 14.02.2024 1.

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No.412/2020 registered at Police Station: Netaji Subhash Place, North-West, New Delhi, under Sections 498A/406/34 of the Indian Penal Code, 1860 (in short, 'IPC') and under Section 4 of The Dowry Prohibition Act, 1961 (hereinafter referred to as 'Dowry Prohibition Act') along with all other proceedings arising therefrom, on the basis of a settlement.

2.

Issue notice.

3.

Notice is accepted by Mr. Shoaib Haider, the learned APP and by the respondent no.2.

4.

The learned counsel for the petitioners submits that the subject FIR was an offshoot of the matrimonial discord between the parties, that is, the petitioner no. 1 and the respondent no. 2. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

The learned counsel for the petitioners submits that the parties have now amicably settled their inter se disputes and have entered into a settlement vide Settlement Agreement/Compromise dated 20.12.2022 before Delhi Mediation Centre, Rohini Courts, Delhi. 6.

Pursuant to the above settlement, the petitioner no.1 and the respondent no.2 have been granted divorce vide order dated 17.10.2023.

7.

The respondent no.2, who is present in person in Court and has been duly identified by the Investigating Officer (IO), affirms the settlement and states that she has settled all the disputes with the petitioners of her own free will and without any coercion. The respondent no.2 submits that she has no objection if the present FIR is quashed.

8.

I have perused the contents of the FIR and also the settlement between the parties.

9.

As the disputes between the parties arose out of a matrimonial relationship, and now the same have been amicably settled, and divorce has also been granted between the petitioner no.1 and respondent no.2 pursuant to the settlement, and also looking into the nature of the allegations made in the complaint, in my opinion, no useful purpose would be served in keeping the FIR alive. In fact, it would rather create further acrimony between the parties and will be an unnecessary burden on the State exchequer. 10.

Guided by the principles enunciated by the Supreme Court in its judgments in Jitendra Raghuvanshi v. Babita Raghuvanshi (2013) 4 SCC 58; Gian Singh v. State of Punjab, (2012) 10 SCC 303; The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Parbatbhai Aahir @ Parbatbhai Bhimsinbhai Karmur & Ors. v. State of Gujarat & Ors. (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 3, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the FIR and all the proceedings emanating therefrom.

11.

Accordingly, the petition is allowed. FIR No.412/2020 registered at Police Station: Netaji Subhash Place, North-West New Delhi, under Sections 498A/406/34 of the IPC and Under Section 4 of The Dowry Prohibition Act and all consequential proceedings emanating therefrom against the petitioners are quashed. NAVIN CHAWLA, J FEBRUARY 14, 2024/Arya Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.