Avinash Bhardwaj & ORS. v. The State Of Govt. Of N.C.T. Delhi And ANR.

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1883/2024 AVINASH BHARDWAJ & ORS.

..... Petitioners Through:

Mr.Manu Gupta, Adv. along with petitioners present in person.

versus THE STATE OF GOVT. OF N.C.T. DELHI AND ANR.

..... Respondents Through:

Mr.Satinder Singh Bawa, APP.

Insp. Vikas Malik, PS M.S.

Park.

Mr.Aman Kumar Singh, Adv.

for R-2 along with respondent no.2 present in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 06.03.2024 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. 0320/2016 registered at Police Station: Mansarovar Park, North East, Delhi under Sections 498-A/406/34 of the Indian Penal Code, 1860 (in short, 'IPC'), and Section 4 of the Dowry Prohibition Act, 1961 (in short, '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.Satinder Singh Bawa, learned APP for respondent no.1 and Mr.Aman Kumar Singh, learned counsel for The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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 parties have amicably settled all their inter se disputes and have entered into a settlement before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 23.10.2017.

6.

The respondent no.2, who is present in person and has been duly identified by the Investigating Officer (IO), 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.

7.

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

8.

As the disputes between the parties arose out of a matrimonial relationship, and now the same have been amicably settled and the petitioner no.1 and the respondent no.2 are residing together happily, 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. The continuation of the proceedings would rather act as a hindrance in the happy married life of the petitioner no.1 and the respondent no.2.

9.

Guided by the principles enunciated by the Supreme Court in its The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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.

10.

Accordingly, the petition is allowed. FIR No. 0320/2016 registered at Police Station: Mansarovar Park, North East, Delhi under Sections 498-A/406/34 of the IPC and Section 4 of the Dowry Prohibition Act, all consequential proceedings emanating therefrom against the petitioners are quashed.

NAVIN CHAWLA, J MARCH 6, 2024/rv/RP 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.