Vikas Goswami & ORS. v. The State NCT Of Delhi And ANR.
$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3652/2024 VIKAS GOSWAMI & ORS.
..... Petitioners Through:
Mr.Brijesh Kumar, Mr.Neel Kumar Sharma, Advs.
versus THE STATE NCT OF DELHI AND ANR. ..... Respondents Through:
Mr. Shoaib Haider, APP with SI Manohar Singh, ASI Munni Khan.
Mr.A.K.Kashyap, Mr.Bharat Ratan, Advs. for R-2 along with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 07.05.2024 CRL.M.A. 13991/2024 (exemption) 1.
Allowed, subject to all just exceptions.
CRL.M.C. 3652/2024 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.0185/2021, registered at Police Station: Shahdara, Delhi, under Sections 498A/406/34 of the Indian Penal Code, 1860 (in short, 'IPC') and later, Section 4 of the Dowry Prohibition Act, 1961 was added, along with all other proceedings arising therefrom, on the basis of a settlement.
3.
Issue notice.
4.
Notice is accepted by Mr.Shoaib Haider, learned APP, and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Mr.A.K.Kashyap, learned counsel for the respondent no.2. 5.
The learned counsel for the petitioners submits that the subject FIR was an offshoot of the matrimonial discord between the parties, that is, the petitioner no.1 and the respondent no. 2. 6.
The learned counsel for the petitioners submits that the parties, that is, the petitioner no.1 and the respondent no.2, have amicably settled all their inter se disputes vide Settlement dated 25.08.2021. 7.
Pursuant to the above settlement, the parties have also been granted a Decree of Divorce dated 06.05.2022, by which the parties have decided to part their ways by mutual consent. 8.
The respondent no.2 is present in person and has been duly identified by the Investigating Officer (IO). The respondent no.2 affirms that she has settled all the disputes with the petitioners of her own free will and without any coercion. The respondent no.2 submits that she has no objection if the present FIR is quashed. She submits that she has received the entire amount payable in terms of the settlement.
9.
I have perused the contents of the FIR and also the settlement between the parties.
10.
As the disputes between the parties arose out of a matrimonial discord, and now the same have been amicably settled, a Decree of Divorce has also been granted between the parties pursuant to the settlement, 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 create further acrimony between the parties and will be an unnecessary burden on the State The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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.0185/2021, registered at Police Station: Shahdara, Delhi, under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed. NAVIN CHAWLA, J MAY 7, 2024 RN/RP 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.