Subodh Mazumdar & ORS. v. State (NCT Of Delhi) & ORS.

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 539/2024 SUBODH MAZUMDAR & ORS.

..... Petitioners Through:

Mr.Nitin Joshi, Mr.Vaibhav Thaledi, Mr.Keshav Kant Sharma & Mr.Harsimran Singh, Advs.

Petitioners present in person.

versus STATE (NCT OF DELHI) & ORS.

..... Respondents Through:

Mr.Anand V. Khatri, ASC for the State.

WSI Menka, PS Chhawla.

Mr.Amit Khanna & Ms.Himanshi, Advs. for R-2.

Respondent no.2 present in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 18.03.2024 1.

This petition has been filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No. 0363/2022 registered at Police Station: Chhawala, Dwarka under Sections 498A/506/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of settlement.

2.

The learned counsel for the petitioners submits that the subject FIR was an offshoot of the matrimonial discord between the parties, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

that is, the petitioner no.1 and the respondent no.2. 3.

He submits that the parties have amicably settled their inter se disputes and petitioner(s) and respondent no.2 have entered into an Agreement / Memorandum of Understanding dated 24.11.2023, and 23.01.2024.

4.

The respondent no.2 is present in person in court today and has been duly identified by the Investigating Officer (IO). The Respondent no.2 reaffirms the abovementioned settlement and states that she has settled all the disputes with the petitioners out of her own free will and without any coercion. The respondent no.2 submits that she does not wish to pursue the proceedings emanating from the FIR any further and has no objection if the present FIR is quashed. 5.

I have perused the contents of the FIR and considered the submissions made.

6.

As the disputes between the parties arose out of a matrimonial relationship and the respondent no.2 does not wish to pursue her complaint any further, as also the Settlement arrived at between the parties, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as it would create further acrimony between the parties and will be an unnecessary burden on the State exchequer.

7.

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; Parbatbhai Aahir @ Parbatbhai Bhimsinbhai Karmur & Ors. v. State of Gujarat & Ors. (2017) 9 SCC 641; and, State of Haryana & The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 335, 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.

8.

Accordingly, the petition is allowed. FIR No.0363/2022 registered at Police Station: Chhawala, Dwarka under Sections 498A/506/34 of IPC, and all consequential proceedings emanating therefrom against the petitioners are quashed. NAVIN CHAWLA, J MARCH 18, 2024/rv/ss 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.