Harphool Singh & ANR. v. State Of NCT Of Delhi

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1546/2023 HARPHOOL SINGH & ANR.

..... Petitioners Through:

Mr. Vaibhav Sharma, Advocate along with petitioners.

versus STATE OF NCT OF DELHI ..... Respondents Through:

Mr. Anand V. Khatri, ASC for the State with Inspector Naveen Kumar and Inspector D.P.

Singh, P.S.

Samaypur Badli.

Mr. Rajbir Malik and Mr. Sandeep, Advocates for R-2.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 08.01.2024 1.

The instant writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been filed by the petitioners seeking quashing of FIR bearing no. 10/2014, registered at Police Station Samaypur Badli, Delhi for offences punishable under Sections 306/498A/34 of the Indian Penal Code, 1860 („IPC‟) and all consequential proceedings emanating therefrom. 2.

Petitioners are present before this Court and have been identified by their counsel Mr. Vaibhav Sharma and Investigating Officer (IO) Inspector Naveen Kumar from Police Station Samaypur Badli, Delhi. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

Brief facts of the case are that the marriage between the petitioners‟ son (deceased) and the daughter (deceased) of respondent no. 2 was solemnized on 01.12.2002 as per Hindu rites and ceremonies. Three children were born out of the wedlock. It is stated daughter of respondent no. 2 had committed suicide on 07.09.2012. On the complaint of respondent no. 2, the present FIR bearing no. 10/2014, registered at Police Station Samaypur Badli, Delhi for offences punishable under Sections 306/498A/34 of IPC against the petitioners. On 22.07.2014, the learned Trial Court had granted anticipatory bail to the accused persons. Chargesheet in this case was filed on 22.02.2017 by the prosecuting agency. The learned Trial Court vide order dated 16.07.2018 had discharged the accused Naveen Yadav and registered a prima facie case under Section 306 and 498A of IPC against the husband of the daughter of respondent no. 2 and under Section 498A IPC against the present petitioners.

4.

It is stated that the entire dispute has been amicably settled between the parties before Delhi Mediation Centre, Rohini District Courts, Delhi vide Settlement Deed dated 20.09.2019.

5.

On a query made by this Court, respondent no.2 (through VC) who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 that the entire dispute has been amicably settled between the parties before Delhi Mediation Centre, Rohini District Courts, Delhi vide Settlement Deed dated 20.09.2019. Respondent no. 2 further stated that she has no objection if the FIR is quashed. 6.

In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 7.

Accordingly, FIR bearing no. 10/2014, registered at Police Station Samaypur Badli, Delhi for offences punishable under Sections 306/498A/34 of IPC and all consequential proceedings emanating therefrom are quashed. 8.

The petition stands disposed of.

9.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J JANUARY 8, 2024/zp 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.