Thakur Dass & ORS. v. State Of NCT Of Delhi & ORS.

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3579/2024 THAKUR DASS & ORS.

..... Petitioners Through:

Mr.Parnil Yodha, Mr.Nand Lal Yodha, Advs. with petitioners.

versus STATE OF NCT OF DELHI & ORS.

..... Respondents Through:

Mr. Shoaib Haider, APP Mr.Krishan N.

Rana, Ms.Chanchal Vats, Ms.Swati Tayal, Advs for R-3 with R-3 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 06.05.2024 CRL.M.A. 13741/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

CRL.M.C. 3579/2024 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.379/2021 registered at Police Station: Wazirabad, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of settlement.

3.

Issue notice.

4.

Notice is accepted by Mr. Shoaib Haider, learned APP for the respondent nos.1 & 2 and by Mr.Krishan N.Rana, Advocate for the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondent no.3.

5.

The learned counsel for the petitioner submits that the subject FIR was an offshoot of the matrimonial discord between the parties, that is, the petitioner and the respondent no.3. He submits that the parties have amicably settled their inter se disputes and have entered into a settlement on 10.10.2023 before the Counselling Cell, Family Courts, Tis Hazari Courts, Delhi.

6.

The marriage between the petitioner and respondent no.3 has already been dissolved vide Decree of Divorce dated 27.01.2024, passed by learned Judge, Family Courts, Central District, Tis Hazari Courts, New Delhi.

7.

The learned counsel for the petitioners has handed over a Demand Draft of a sum of Rs.1,50,000/- to the respondent no.3. 8.

Respondent no.3, who appears in person and has been duly identified by the learned counsels for the parties, 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. She submits that she has no objection if the present FIR is quashed. 9.

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

10.

Keeping in view the fact that 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, 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

create further 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.379/2021 registered at Police Station: Wazirabad, Delhi under Sections 498A/406/34 of the IPC, and all consequential proceedings emanating therefrom against the petitioners are quashed. NAVIN CHAWLA, J MAY 6, 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.