Jitender Kumar v. State (Govt. Of NCT Of Delhi) & ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3142/2024 JITENDER KUMAR ..... Petitioner Through:
Mr Atul Verma, Mr Bibhash Kumar and Mr Nagendra Singh, Advocates along with petitioner in person.
versus STATE (GOVT. OF NCT OF DELHI) & ANR.
..... Respondents Through:
Mr Raj Kumar, APP for the State with SI Yashpal Singh, PS Farsh Bazar.
Respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 26.04.2024 CRL.M.A. 12174/2024 1.
Allowed, subject to all just exceptions.
CRL.M.C. 3142/2024 2.
The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.0282/2020 under Sections 323/452/201 IPC registered at Police Station Farsh Bazar and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement. 3.
Issue notice. The learned APP for the State accepts notice. He submits that since the FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
The petitioner (husband), as well as, respondent no. 2 (wife) is present in the Court and they have been identified by the counsel and by the Investigating Officer SI Yashpal Singh, PS Farsh Bazar. 5.
The brief facts of the case are that the marriage between the petitioner and respondent no. 2 was solemnized on 18.11.2015 according to Hindu Rites and Customs.
6.
On account of temperamental issues certain disputes arose between the parties and they started living separately. On 28.06.2020, a scuffle took place between the parties in which the respondent no.2 suffered simple injuries. This led to the registration of present FIR. 7.
During the pendency of the proceedings, the parties have arrived at an oral settlement.
8.
In terms of the said settlement, the parties have decided to live together as husband and wife. The petitioner and the respondent no.2, who are present in the Court affirm that now they are residing together since the month of October, 2021.
9.
The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.
10.
At this stage, apt would it be to refer to the observations of the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303: (SCC p. 340, para 58) "58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
to an end and peace is restored; securing the ends of justice being the ultimate guiding factor."
11.
In view of the settlement between the parties, the ultimate chances of conviction in the case are bleak, therefore, continuation of criminal proceedings will not serve any useful purpose and it will be an exercise in futility.
12.
It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 13.
Consequently, the petition is allowed and the FIR No.0282/2020 under Sections 323/452/201 IPC registered at Police Station Farsh Bazar alongwith all other proceedings emanating therefrom, is quashed. 14.
The petition stands disposed of in the above terms. 15.
Order be uploaded on the website of this court. 16.
Order dasti under signatures of the Court Master. VIKAS MAHAJAN, J APRIL 26, 2024 MK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.