Pooran Singh v. State Of NCT Of Delhi & ANR.
$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2112/2024 POORAN SINGH ..... Petitioner Through:
Mr.Shrey Vardhan Rateria, Mr.T.M.
Shivakumar, Ms.Chandra Prabha, Ms.Sanjana & Ms.Kirti Kishore, Advs. along with petitioner in person.
versus STATE OF NCT OF DELHI & ANR.
..... Respondents Through:
Mr.Satinder Singh Bawa, APP.
SI Meena, PS Model Town & SI Sunil, PS Adarsh Nagar.
Ms.Jyoti Kashyap & Ms.Raveen K. Kashyap, Advs.
for R-2.
Respondent no.2 present in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 15.03.2024 CRL.M.A. 8205/2024 (Exemption) 1.
Allowed, subject to all just exceptions.
CRL.M.C. 2112/2024 2.
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. 0056/2018 registered at Police Station: Model Town, North West under Sections 498A/406/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
the basis of settlement.
3.
Issue notice.
4.
Notice is accepted by Mr.Satinder Singh Bawa, learned APP on behalf of the State and Ms.Jyoti Kashyap, learned counsel on behalf of respondent no.2.
5.
The learned counsel for the petitioner submits that the subject FIR was an offshoot of the matrimonial discord and some misunderstanding between the parties, that is, the petitioner and the respondent no.2. He submits that the parties have amicably settled their inter se disputes and have entered into a settlement dated 28.05.2022 before the Counselling Cell, Family Courts, North District, Rohini, Delhi.
6.
The respondent no.2, who is present in Court and has been duly identified by the Investigating Officer (IO), reaffirms the abovementioned settlement and states that she has settled all the disputes with the petitioner out of her own free will and without any coercion. The respondent no.2 submits that she does not wish to pursue the proceedings emanating from the FIR any further and has no objection if the present FIR is quashed.
7.
The learned counsel for the petitioner has handed over a Demand Draft of Rs. 1,50,000/- (Rupees One Lakh and Fifty Thousand Only) to the respondent no.2 as per the terms of the Settlement.
8.
I have perused the contents of the FIR and also the settlement between the parties.
9.
Keeping in view the fact that the dispute arose between the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
parties out of a matrimonial discord and that the respondent no.2 does not wish to pursue her complaint any further, as also the Settlement arrived at between the parties, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as the chances of its success would be rather minuscule and it would 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. 0056/2018 registered at Police Station: Model Town, North West under Sections 498A/406/34 of IPC, and all consequential proceedings emanating therefrom against the petitioner are quashed. NAVIN CHAWLA, J MARCH 15, 2024/rv/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.