Pradeep Kumar Chadda v. The State And ANR
$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3608/2024 PRADEEP KUMAR CHADDA .....Petitioner Through:
Mr. Vikas Bhatia and Ms. Jyoti, Advs.
versus THE STATE AND ANR .....Respondents Through:
Mr. Utkarsh, APP for State with SI Manoj Kumar, PS. Paschim Vihar West.
Mr. Aman Jwala, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 19.02.2025 1.
The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.726/2023 under Section 354A IPC and Section 10 of POCSO Act registered at Police Station Paschim Vihar, West and all consequential proceedings emanating therefrom on the ground that the present FIR is an offshoot of a marital discord and the underlying disputes between the husband and wife have already been settled. 2.
Notice was issued in the present petition on 06.05.2024. 3.
The learned APP submits that since the FIR is an outcome of matrimonial dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed. 4.
The petitioner, as well as, respondent no. 2 are present in Court and they have been identified by their respective counsel, as well as, by the Investigating Officer SI Manoj Kumar, PS. Paschim Vihar West. 5.
The case of the prosecution is that there was a marital discord between the son of the petitioner and the respondent no.2 on account of which they had The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
been staying separately. The dispute also led to registration of another FIR being FIR No.612/2022 under Sections 498A/406/34 IPC registered at Police Station Ranjit Nagar at the instance of the respondent no.2, in which the settlement was arrived at between the parties. 6.
The learned counsel for the petitioner submits that in terms of the settlement, the son of the petitioner, as well as, the respondent no.2 have dissolved their marriage by a decree of divorce by mutual consent. 7.
He submits that a separate petition has been filed seeking quashing of the said FIR, which is coming for consideration on 06.05.2025. In the said petition, the joint statement of the parties has already recorded by the learned Joint Registrar.
8.
He submits that in so far as the present petition is concerned, a separate Compromise-cum-Settlement Deed has been executed between the parties herein which is annexed as Annexure F to the present petition. 9.
It is a term of the settlement that the parties with the intervention of family and friends have resolved all their disputes amicably without any coercion or pressure.
10.
It is also a term of the settlement that the respondent no.2 will cooperate with the petitioner for the quashing of the present FIR. 11.
The respondent no.2, on a query posed by the Court, affirms the factum of settlement and states that she has no objection in case the FIR is quashed. 12.
In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.
13.
It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
14.
Consequently, the petition is allowed and the FIR No.726/2023 under Section 354A IPC and Section 10 of POCSO Act registered at Police Station Paschim Vihar, West alongwith all other proceedings emanating therefrom, is quashed.
15.
The petition stands disposed of in the above terms. 16.
Order be uploaded on the website of this Court. VIKAS MAHAJAN, J FEBRUARY 19, 2025/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.