Ram Dass Anuragi v. State (Govt. Of NCT Of Delhi) & ANR.

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3165/2024 & CRL.M.A. 12228/)2024 (Exemption) RAM DASS ANURAGI ..... Petitioner Through:

Ms. Tanya Agarwal & Mr. Dipak Raj, Advs. alongwith petitioner in person.

versus STATE (GOVT. OF NCT OF DELHI) & ANR.

..... Respondents Through:

Mr. Sunil Kumar Gautam, APP for the State with SI Deepak Vashist, P.S.

Vikas Puri & SI Meenu, P.S. Kirti Nagar.

Ms. Gayatri Nandwani, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 25.04.2024 1.

The present writ petition under Section 482 of the Cr.P.C. seeks quashing of FIR No. 0073/2020, under Sections 498A/406 of the IPC, registered at P.S. Vikas Puri and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Kritika Jain, learned Metropolitan Magistrate, South West District, Dwarka Court, Delhi.

2.

The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 17.04.2018 as per Muslim rites and customs and one child was born out of the said wedlock. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties started residing separately. Subsequently, respondent no.2/complainant lodged a complaint against the petitioner. 4.

Learned counsel for the petitioner submits that parties arrived at a settlement on 04.01.2024. It is further stated that the parties are living together, at their matrimonial home, for the last three years alongwith their minor child. It is pointed out that the affidavit, dated 28.04.2024, of the complainant/respondent no. 2 stating that she does not wish to pursue the present FIR and her no-objection for the quashing of the same has also been placed on record as Annexure P-5.

5.

Petitioner 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, SI Deepak Vashist, P.S. Vikas Puri. 6.

The Complainant/respondent No.2 states that the matter has been settled and she is living with petitioner no. 1 for the last three years at their matrimonial home and she has no objection if the FIR is quashed against the petitioners.

7.

In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 8.

In Gian Singh v. State of Punjab (2012) 10 SCC 303, 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 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 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 proceedings."

9.

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. 0073/2020, under Sections 498A/406 of the IPC, registered at P.S. Vikas Puri and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Kritika Jain, learned Metropolitan Magistrate, South West District, Dwarka Court, Delhi.

10.

In the interest of justice, the petition is allowed, and the FIR No. 0073/2020, under Sections 498A/406 of the IPC, registered at P.S. Vikas Puri and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Kritika Jain, learned Metropolitan Magistrate, South West District, Dwarka Court, Delhi, is hereby quashed.

11.

Petition is allowed and disposed of accordingly. 12.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J APRIL 25, 2024/nk 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.