Reshma And ANR. v. The State Of NCT Of Delhi And ANR.

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2795/2024 RESHMA AND ANR.

..... Petitioners Through:

Mr.Ravi Kumar, Adv. with petitioners versus THE STATE OF NCT OF DELHI & ANR. ..... Respondents Through:

Mr.Aman Usman, APP with ASI Mukesh Kumar.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 08.04.2024 CRL.M.A. 10614/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

CRL.M.C. 2795/2024 2.

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of the FIR No. 0068/2021 registered at Police Station: Subzi Mandi, Delhi under Sections 323/509/506/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of a settlement.

3.

Issue notice.

4.

Notice is accepted by Mr.Aman Usman, the learned APP and respondent no.2, who is present in person.

5.

The learned counsel for the petitioners submits that the subject The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

FIR has been registered due to some misunderstanding between the parties as the respondent no.2 was representing the husband of the petitioner no.1 before the learned Trial Court in an ongoing matrimonial dispute between them.

6.

He submits that the parties, that is, the petitioners and the respondent no.2, have amicably settled their inter se disputes and have entered into a settlement vide Memorandum of Understanding dated 11.12.2023.

7.

The respondent no.2, who appears in person, has been duly identified by the Investigating Officer ('IO'). She 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 has no objection if the present FIR is quashed.

8.

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

9.

Keeping in view the fact that the disputes have been amicably settled between the petitioners and the respondent no.2 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 create further acrimony between the parties and will be an unnecessary burden on the State exchequer.

10.

Guided by the principles enunciated by the Supreme Court in its judgments in Gian Singh v. State of Punjab, (2012) 10 SCC 303; Parbatbhai Aahir @ Parbatbhai Bhimsinbhai Karmur & Ors. v. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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.

11.

Accordingly, the petition is allowed. FIR No. 0068/2021 registered at Police Station: Subzi Mandi, Delhi under Sections 323/509/506/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed. NAVIN CHAWLA, J APRIL 8, 2024/Arya/am 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.