Shilpi Aggarwal And ORS. v. State NCT Of Delhi And ANR.
$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2512/2024 & CRL.M.A. 9565/2024 (Stay), 9566/2024 (Exemption) SHILPI AGGARWAL AND ORS.
..... Petitioners Through:
Ms.
Rekha Aggarwal, Advocate alongwith petitioners in person.
versus STATE NCT OF DELHI AND ANR.
..... Respondents Through:
Mr. Hemant Mehla, APP for the State.
ASI Pawan Kumar, PS Rohini North.
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. 288/2023, under Sections 323/341/354/506/34 of the IPC, registered at P.S. North Rohini and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Kanika Jain, learned Metropolitan Magistrate, Mahila Court, Rohini Courts, Delhi.
2.
Learned counsel appearing on behalf of the petitioners submits that the dispute is of matrimonial nature inasmuch as respondent no. 2 is the mother-in-law of petitioner no. 1 herein. It is submitted that as a result of the said dispute, a cross-FIR, i.e., FIR No. 632/2023, under Sections 498A/406/506/34 of the IPC was registered at P.S. North Rohini, at the instance of petitioner no. 1 herein against respondent no. 2 and her other The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
family members.
3.
It is further submitted that during the pendency of the aforesaid proceedings, parties have entered into a Memorandum of Understanding dated 18.12.2023, pursuant to which parties have no objection to quashing of the cross FIRs. The cross FIR, i.e, FIR No. 632/2023, under Sections 498A/406/506/34 of the IPC, registered at P.S. North Rohini is the subject matter of W.P.(CRL) 986/2024, which is being disposed of by a separate order of the even date.
4.
Petitioners and complainant/respondent no. 2 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, ASI Pawan Kumar, PS Rohini North. 5.
The complainant/respondent No.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed. 6.
In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed subject to imposition of cost.
7.
In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the 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 proceeding."
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8.
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. 288/2023, under Sections 323/341/354/506/34 of the IPC, registered at P.S. North Rohini and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Kanika Jain, learned Metropolitan Magistrate, Mahila Court, Rohini Courts, Delhi. 9.
In the interest of justice, the petition is allowed, and the FIR No. 288/2023, under Sections 323/341/354/506/34 of the IPC, registered at P.S. North Rohini and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Kanika Jain, learned Metropolitan Magistrate, Mahila Court, Rohini Courts, Delhi, is hereby quashed.
10.
Petition is allowed and disposed of accordingly. 11.
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.