Vipin Jakhmola & ORS. v. The State Of NCT Of Delhi & ANR.

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2192/2024 VIPIN JAKHMOLA & ORS.

..... Petitioners Through:

Mr.Amit Pratap Shaunak, Adv.

along with petitioners in person.

versus THE STATE OF NCT OF DELHI & ANR. ..... Respondents Through:

Mr.Satinder Singh Bawa, APP with W/SI Bala Rani Mr.Ashok Kumar Gahaloth, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 18.03.2024 CRL.M.A. 8513/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

CRL.M.C. 2192/2024 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.0461/2021 registered at Police Station: Mohan Garden, Dwarka-District, 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 of a settlement. 3.

Issue notice.

4.

Notice is accepted by Mr.Satinder Singh Bawa, learned APP, and Mr.Ashok Kumar Gahaloth, learned counsel for the respondent The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

no.2.

5.

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. 6.

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, Family Courts vide Settlement dated 10.06.2022.

7.

Pursuant to the above settlement, the learned Family Court has also granted Divorce to the parties, that is, the petitioner no.1 and the respondent no.2 by mutual consent vide Decree of Divorce dated 05.07.2023.

8.

The learned counsel for the petitioners has handed over a Demand Draft of sum of Rs.1,00,000/- to the respondent no.2, who is present in person and has been duly identified by the Investigating Officer (IO).

9.

The respondent no.2 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.

10.

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

11.

As the disputes between the parties arose out of a matrimonial relationship, and now the same have been amicably settled, a Decree of Divorce has also been passed by the learned Family Court pursuant to the settlement, and also looking into the nature of the allegations The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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.

12.

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.

13.

Accordingly, the petition is allowed. FIR No.0461/2021 registered at Police Station: Mohan Garden, Dwarka-District, Delhi under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed. NAVIN CHAWLA, J MARCH 18, 2024/ns/ss 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.