Harsh Gothwal And ORS. v. Govt Of NCT Of Delhi ANR

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2508/2024 HARSH GOTHWAL AND ORS.

..... Petitioners Through:

Mr.Kartickay Mathur and Mr.Shubham Mishra, Advs.

along with petitioners in person.

versus GOVT OF NCT OF DELHI ANR ..... Respondents Through:

Mr. Shoaib Haider, APP with SI Sadhna and SI Sangeeta Ms.Preeti Srivastava and Mr.Bhuvneshwar Sharma, Advs. for R-2 Respondent no.2 in person (through VC)

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 28.03.2024 CRL.M.A. 9550/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

CRL.M.C. 2508/2024 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.1144/2018 registered at Police Station: Mangolpuri, Outer 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.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

Issue notice.

4.

Notice is accepted by Mr. Shoaib Haider, learned APP for the State and by Ms.Preeti Srivastava, learned Advocate on behalf of the respondent 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 have amicably settled all their inter se disputes before Delhi Mediation Centre, Rohini District Courts, Delhi and have entered into a Settlement Agreement dated 24.04.2023.

7.

Pursuant to the above settlement, the parties have also obtained a Decree of Divorce dated 04.10.2023 from the learned Judge, Family Court, North-West District, Rohini, Delhi, by which the parties have decided to part their ways by mutual consent. 8.

The learned counsel for the petitioners has handed over a demand draft of Rs.5 lacs, as per the terms of the settlement agreement to the father of the respondent no.2, who is personally present in Court.

9.

The respondent no.2, who appears virtually and has been duly identified by the Investigating Officer (IO), reaffirms 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.

10.

I have perused the contents of the FIR and also the settlement 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.

11.

Keeping in view the fact that the respondent no.2 does not wish to pursue her complaint any further, and that a Decree of Divorce has also been obtained by the parties pursuant to the settlement, 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 will be rather minuscule and 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.1144/2018 registered at Police Station: Mangolpuri, Outer 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 28, 2024/ns/AS 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.