Gaurav Sabharwal & ORS. v. State NCT Of Delhi And ANR.

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1439/2024 GAURAV SABHARWAL & ORS.

..... Petitioners Through:

Mr.Praveen Singh, Mr.Durgesh Nandini, Advs. with petitioners versus STATE NCT OF DELHI AND ANR.

..... Respondents Through:

Mr.Shoaib Haider, APP with SI Rohit Mor.

Mr.Mohinder Kumar Gupta, Ms.Radha Singh and Ms.Sunita Sharma, Advs. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 30.05.2024 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.0254/2017 registered at Police Station: Rani Bagh, NorthWest District, Delhi for offence under Sections 498A/406/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of a settlement. 2.

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.1and the respondent no.2. 3.

He submits that the parties have amicably settled their inter se disputes and have entered into a Memorandum of Understanding / settlement dated 13.09.2023 before the Delhi High Court Mediation The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and Conciliation Centre.

4.

The parties have also obtained divorce by mutual consent vide Decree of Divorce dated 12.07.2019 passed by the learned Judge, Family Courts, Dwarka, Delhi.

5.

The learned counsel for the petitioners has handed over a Demand Draft of Rs. 7 lakhs alongwith the remaining jewellery items to the respondent no.2 in terms of the settlement. 6.

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

7.

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

8.

Keeping in view the fact that the disputes between the parties arose out of a matrimonial relationship, and now the same have been amicably settled, a decree of divorce has also been passed by the learned family court, 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.

9.

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 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.

10.

Accordingly, the petition is allowed. FIR No.0254/2017 registered at Police Station: Rani Bagh, North-West Delhi, Delhi for offence under Sections 498A/406/34 of the IPC, and all consequential proceedings emanating therefrom against the petitioners are quashed. NAVIN CHAWLA, J MAY 30, 2024/Arya/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.