Shakti Prakash Shukla Alias Shakti Shukla & ORS. v. State Of NCT Of Delhi And ANR
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2080/2024 SHAKTI PRAKASH SHUKLA ALIAS SHAKTI SHUKLA & ORS.
..... Petitioners Through:
Mr.Anshu Mahajan and Mr.Aditya Tyagi, Advs. along with petitioners in person.
versus STATE OF NCT OF DELHI AND ANR .....Respondents Through:
Mr. Shoaib Haider, APP with ASI Vikram Singh.
Mr.S.K. Pandey, Adv. for R-2 along with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 19.03.2024 CRL.M.A. 8713/2024 1.
For the reasons stated in the application, the application is allowed. Amended list of dates is taken on record. CRL.M.A. 8044/2024 2.
Allowed, subject to all just exceptions.
CRL.M.C. 2080/2024 3.
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.417/2022 registered at Police Station: Karawal Nagar, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
of a settlement.
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, that is, the petitioner no.1 and the respondent no.2, have amicably settled all their inter se disputes before the Counselling Cell, North East District, Karkardooma, Delhi vide Agreement dated 10.07.2023. 6.
Pursuant to the above settlement, the parties have also been granted the Decree of Divorce dated 10.01.2024, 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.80,000/- 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 and the parties have obtained the Decree of Divorce, 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. In fact, it would rather create further acrimony The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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.417/2022 registered at Police Station: Karawal Nagar, Delhi under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed. NAVIN CHAWLA, J MARCH 19, 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.