Mukesh ORS v. The State Of Govt Of NCT Delhi ANR & ANR.
$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2430/2024 MUKESH ORS ..... Petitioners Through:
Ms.Slika Raj Verma, Adv. with petitioners in person.
versus THE STATE OF GOVT OF NCT DELHI ANR & ANR.
..... Respondents Through:
Mr.Satinder Singh Bawa, APP with SI Mayank Istwal.
Mr.S.S.Rajore, Adv. for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 27.03.2024 1.
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.0143/2018 registered at Police Station: Kalyanpuri, 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.
2.
Issue notice.
3.
Notice is accepted by Mr.Satinder Singh Bawa, learned APP, and Mr.S.S.Rajore, learned Advocate on behalf of the respondent no.2.
4.
The learned counsel for the petitioners submits that the subject FIR was an offshoot of the matrimonial discord between the parties, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
that is, the petitioner no.1 and the respondent no.2. He submits that the parties, that is, petitioners and respondent no.2 have amicably settled their disputes before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 26.08.2023.
5.
I have perused the terms of the settlement and find the same to be lawful.
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 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. The petitioners have handed over a Demand Draft of Rs.1,20,000/- to the respondent no.2 in Court in terms of the settlement.
7.
Keeping in view the fact that disputes between the parties arose out of a matrimonial relationship and the respondent no.2 does not wish to pursue her complaint any further, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as it would rather create further acrimony between the parties and will be an unnecessary burden on the State exchequer. 8.
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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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.
9.
Accordingly, the petition is allowed. FIR No.0143/2018 registered at Police Station: Kalyanpuri, Delhi, under Sections 498A/406/34 of the IPC, along with all the consequential proceedings emanating therefrom against the petitioners are quashed. NAVIN CHAWLA, J MARCH 27, 2024/Arya/RP 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.