Vishesh Arora & ORS. v. State (NCT Of Delhi) & ANR.
$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2620/2024 VISHESH ARORA & ORS.
..... Petitioners Through:
Ms.Sanya, Adv with petitioners versus STATE (NCT OF DELHI) & ANR.
..... Respondents Through:
Mr.Satinder Singh Bawa, APP with SI Nitesh Singh.
Respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 03.04.2024 CRL.M.A. 9998/2024 (Exemption) 1.
Allowed, subject to all just exceptions.
CRL.M.C. 2620/2024 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.910/2023 registered at Police Station: Mukherjee Nagar, North West, 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.
3.
Issue notice.
4.
Notice is accepted by Mr.Satinder Singh Bawa, the learned APP, and by respondent no.2, who appears in person. 5.
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. She submits that the parties have amicably settled their inter se disputes and have entered into a Settlement/Memorandum of Understanding dated 17.12.2023.
6.
He submits that pursuant to the above settlement between the parties, the petitioner no.1 and respondent no.2 have obtained divorce by way of mutual consent from the learned Principal Judge, Family Courts, North, Rohini Court, Delhi vide Decree of Divorce dated 17.02.2024.
7.
The respondent no.2, who is present in person 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.
8.
The petitioners have handed over a Demand Draft of Rs.4,00,000/- to the respondent no.2 in Court in terms of the settlement.
9.
I have perused the terms of the settlement and find the same to be lawful.
10.
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 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
acrimony between the parties and will be an unnecessary burden on the State exchequer.
11.
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.
12.
Accordingly, the petition is allowed. FIR No.910/2023 registered at Police Station: Mukherjee Nagar, 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 APRIL 3, 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.