Noshad Ali And ORS. v. State & ANR.

$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1603/2024 NOSHAD ALI AND ORS.

..... Petitioners Through:

Mr.Yogesh Pandey, Mr.Umang Aditya Singh, Advs.

versus STATE & ANR.

..... Respondents Through:

Mr.Shoaib Haider, APP with SI Rashmi.

Mr.Manoj, Mr.Himanshu, Mr.Banke Bihari, Advs. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 27.02.2024 CRL.M.A. 6220/2024 (exemption) 1.

Allowed, subject to all just exceptions.

CRL.M.C. 1603/2024 2.

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.0403/2020 registered at Police Station: Begumpur, Rohini-District, Delhi, under Sections 324/509 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of a settlement.

3.

Issue notice.

4.

Notice is accepted by Mr.Shoaib Haider, learned APP for the State and Mr.Manoj, learned counsel for 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 subject FIR was an offshoot of the matrimonial discord between the parties, that is, Mr.Naeem who is the brother of the petitioners and the respondent no.2.

6.

He submits that the parties have amicably settled their inter se disputes and the respondent no.2 has given her no objection by way of an affidavit filed along with the present petition, for quashing of the abovementioned FIR.

7.

The respondent no.2 is present in person in court and has been duly identified by the Investigating Officer (IO). The respondent no.2 affirms 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, Charge Sheet 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 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; 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 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.0403/2020 registered at Police Station: Begumpur, Rohini-District, Delhi, under Sections 324/509 of the IPC along with all other proceedings emanating therefrom against the petitioners are quashed. NAVIN CHAWLA, J FEBRUARY 27, 2024 RN/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.