Ravinder @ Ravi & ORS. v. State NCT Of Delhi & ANR.

$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 807/2024 RAVINDER @ RAVI & ORS.

..... Petitioners Through:

Mr.Deepak Kumar, proxy counsel for Mr.Arvind Kumar, Adv. with petitioners in person.

versus STATE NCT OF DELHI & ANR.

..... Respondents Through:

Mr.Rahul Tyagi, ASC (Crl), Ms.Priya Rai, Mr.Sangeet Sibou, Mr.Jatin, Mr.Mathew Phillip, Advs with SI Piyush Tomar.

Mr.Kanhaiya Lal, Mr.Akash Goyal, Advs. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 11.03.2024 CRL.M.A. 7549/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

W.P.(CRL) 807/2024 2.

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.328/2019 registered at Police Station: Anand Vihar, Shahdara, Delhi, under Sections 498A/406/34 of the Indian Penal Code, 1860 (in short, 'IPC') along with all other proceedings arising therefrom, based on a settlement. 3.

The learned counsel for the petitioners submits that the subject The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

FIR was an offshoot of the matrimonial discord between the parties, that is, the petitioner no.1 and the respondent no. 2. 4.

The learned counsel for the petitioners submits that the parties have amicably settled their inter se disputes and have entered into a settlement vide Compromise Deed dated 19.08.2023 before the Delhi Mediation Centre, Karkardooma Courts, Delhi.

5.

Pursuant to the abovementioned settlement, the petitioner no.1 and respondent no.2 have obtained divorce by way of mutual consent from the learned Family Courts, Shahdara, Karkardooma Courts, Delhi vide Decree of Divorce dated 25.09.2023.

6.

The respondent no.2, who is present in Court and duly identified by the Investigating Officer (IO), re-affirms the 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 have any objection if the present FIR is quashed. She submits that she has also received the entire amount as per the compromise deed. 7.

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

8.

As the disputes between the parties arose out of a matrimonial relationship, and now the same have been amicably resolved, and the fact that a Decree of Divorce has already been granted by the learned Family Court pursuant to the settlement, 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 as 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 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.328/2019 registered at Police Station: Anand Vihar, Delhi, under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed.

NAVIN CHAWLA, J MARCH 11, 2024/Arya 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.