Rahul & ORS. v. State (NCT Of Delhi) & ANR.
$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2489/2024 & CRL.M.A. 9472/2024 (Exemption) RAHUL & ORS.
..... Petitioners Through:
Counsel appearance not given.
Petitioners in person.
versus STATE (NCT OF DELHI) & ANR.
..... Respondents Through:
Mr. Sunil Kumar Gautam, APP for the State.
SI Dalbir, PS Aman Vihar.
R-2 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 28.03.2024 1.
The present petition filed under Section 482 of the Cr.P.C. seeks quashing of the FIR No. 1195/2018, under Sections 498A/406/34 of the IPC, registered at P.S. Aman Vihar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Preeti Rajoria, learned Metropolitan Magistrate, Mahila Court (North West), Rohini Courts, Delhi.
2.
The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 22.02.2015 as per Hindu rites and customs and two children, i.e., a son and a daughter were born out of the said wedlock. 3.
Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties started residing separately. Subsequently, respondent no.2/complainant registered an FIR against the petitioners. 4.
Learned counsel for the petitioner submits that in pursuance of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Settlement Agreement dated 30.11.2023, parties have arrived at a settlement. It is further stated that the parties are living together, at their matrimonial home, since 25.06.2020, alongwith their minor children. 5.
Petitioners and complainant/respondent no. 2 are present before the Court and have been duly identified by the Investigating Officer, SI Dalbir, PS Aman Vihar.
6.
The complainant/respondent no.2 states that the matter has been settled and she is living with petitioner no. 1 since 25.06.2020 at their matrimonial home and she has no objection if the FIR is quashed against the petitioners.
7.
In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 8.
In Gian Singh v. State of Punjab, (2012) 10 SCC 303, 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 affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings."
9.
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. 1195/2018, under Sections 498A/406/34 of the IPC, registered at P.S. Aman Vihar and all other consequential proceedings emanating therefrom, including the chargesheet The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
pending before the Court of Ms. Preeti Rajoria, learned Metropolitan Magistrate, Mahila Court (North West), Rohini Courts, Delhi. 10.
In the interest of justice, the petition is allowed, and the FIR No. 1195/2018, under Sections 498A/406/34 of the IPC, registered at P.S. Aman Vihar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Preeti Rajoria, learned Metropolitan Magistrate, Mahila Court (North West), Rohini Courts, Delhi, is hereby quashed.
11.
Petition is allowed and disposed of accordingly. 12.
Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MARCH 28, 2024/sn 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.