Harish Chand Arora Alias Harish Chander Arora v. The State Of Delhi & ANR.

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1994/2024 & CRL.M.A. 7688/2024 (Stay) HARISH CHAND ARORA ALIAS HARISH CHANDER ARORA ..... Petitioner Through:

Ms. Neha Malhotra, Adv. with petitioner in person.

versus THE STATE OF DELHI & ANR.

..... Respondents Through:

Mr. Sunil Kumar Gautam, APP for the State with SI Komal, P.S.

Jagatpuri.

Ms. Gunjan Sansanwal, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 12.03.2024 CRL.M.A. 7689/2024 (Exemption) 1.

Exemption allowed, subject to just exceptions. 2.

The application is accordingly disposed of.

CRL.M.C. 1994/2024 & CRL.M.A. 7688/2024 (Stay) 3.

The present petition filed under Section 482 Cr.P.C. seeks quashing of FIR No. 446/2022, under Sections 498A IPC, registered at P.S. Jagat Puri and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Shruti Sharma, learned Metropolitan Magistrate, Karkardooma Courts, Delhi. 4.

The marriage between petitioner/husband and respondent no.2/wife was solemnized on 05.05.1981 as per Hindu rites and ceremonies. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

Due to matrimonial differences between petitioner and respondent no. 2, the parties started residing separately from 08.06.2021. Subsequently, respondent no.2/complainant lodged an FIR against petitioner. 6.

On 23.01.2024, parties arrived at a settlement and as per the said settlement deed, petitioner has agreed to pay an amount of Rs.7,000/- per month as maintenance to the respondent no.2/wife on or before 7th day of every month starting from December 2023. The copy of the aforesaid settlement deed dated 23.01.2024 is on record. (Annexure-C) 7.

Petitioners and complainant/respondent no. 2 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, S.I. Deepika, P.S: Paschim Vihar. 8.

The complainant/respondent No.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed. She further states that all the terms of the agreement have been complied with. The parties further undertake to abide by their reciprocal obligations as per the terms of the Settlement Deed dated 23.01.2024. 9.

In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 10.

In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon'ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- "61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."

11.

In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 446/2022, under Sections 498A IPC, registered at P.S. Jagat Puri and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Shruti Sharma, learned Metropolitan Magistrate, Karkardooma Courts, Delhi.

12.

In the interest of justice, the petition is allowed, and the FIR No. 446/2022, under Sections 498A IPC, registered at P.S. Jagat Puri and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Shruti Sharma, learned Metropolitan Magistrate, Karkardooma Courts, Delhi, is hereby quashed. 13.

Petition is allowed and disposed of accordingly. 14.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MARCH 12, 2024/nk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.