Puneet Bhola & ORS. v. State (Through NCT Of Delhi) Police Station- Mangolpuri & ANR.
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1844/2024 PUNEET BHOLA & ORS.
..... Petitioners Through:
Ms.Chandni Arora, Mr.Dishant Vashisht and Mr.Shrey Dhingra, Advs. along with petitioners in person versus STATE (THROUGH NCT OF DELHI) POLICE STATIONMANGOLPURI & ANR. ..... Respondents Through:
Mr.Satinder Singh Bawa, APP with SI Rooma Yadav, PS Mangolpuri and SI Virender, PS K.N. Katju Mr.Gautam Kumar, Adv. for R2 along with R-2 present in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 20.03.2024 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.1493/2015 registered at Police Station: Mangol Puri, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 (in short, 'IPC') and Section 4 of the Dowry Prohibition Act, 1961 (in short, 'DP Act'), along with all other proceedings arising therefrom, on the basis of a settlement.
2.
Issue notice.
3.
Notice is accepted by Mr.Satinder Singh Bawa, learned APP for The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
the respondent no.1 and by Mr.Gautam Kumar, learned counsel for 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. 5.
The learned counsel for the petitioners submits that the petitioners and the respondent no.2 have amicably settled all their inter se disputes and have executed a Settlement vide Memorandum of Settlement Deed dated 14.09.2023.
6.
Pursuant to the above settlement, the parties have also obtained Decree of Divorce dated 09.11.2023 from the learned Family Court, by which the parties have decided to part their ways by mutual consent.
7.
The learned counsel for the petitioners has handed over a Demand Draft of a sum of Rs.1,00,000/- to the respondent no.2, who is present in person 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 out 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, even a Decree of Divorce has also been granted to the petitioner no.1 and respondent no.2, pursuant to the settlement, and also looking into the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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 & 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.
11.
Accordingly, the petition is allowed. FIR No.1493/2015 registered at Police Station: Mangol Puri, Delhi under Sections 498A/406/34 of the IPC and Section 4 of the DP Act and all consequential proceedings emanating therefrom against the petitioners are quashed.
NAVIN CHAWLA, J MARCH 20, 2024/ns/am 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.