Sheetal Solanki & ORS. v. State & ANR.
$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3697/2024 SHEETAL SOLANKI & ORS.
..... Petitioners Through:
Mr. Vaibhav Sinha, Advocate alongwith petitioners in person.
versus STATE & ANR.
..... Respondents Through:
Mr. Hemant Mehla, APP for the State with SI Jitender Singh, P.S. Malviya Nagar.
Mr. Kamal Saxena, Advocate for R-2 alongwith R-2 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 08.05.2024 CRL.M.A. 14172/2024 (Exemption) 1.
Exemption allowed, subject to just exceptions. 2.
The application is accordingly disposed of.
CRL.M.C. 3697/2024 3.
The present petition filed under Section 482 of the Cr.P.C. seeks quashing of FIR No. 2078/2015, under Sections 448/380/34 of the IPC, registered at P.S. Malviya Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Shilpi Singh, learned Metropolitan Magistrate, South, Saket Courts, Delhi.
4.
Learned counsel appearing on behalf of the petitioners submits that the present FIR has been registered on account of matrimonial dispute The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
between petitioner no. 1 and her husband. It is pointed out that respondent no. 2 is father-in-law of petitioner no. 1. It is submitted that during the pendency of the aforesaid proceedings, the matter has now been resolved between petitioner no. 1 and her husban d before Delhi Mediation Centre, Tis Hazari Courts, vide settlement dated 31.03.2023. In pursuance of the said settlement, respondent no. 2 has no objection, if the present FIR and subsequent chargesheet are quashed.
5.
Petitioners 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 Jitender Singh, P.S. Malviya Nagar. 6.
The complainant/respondent no.2 states that the matter has been settled with the petitioners and he has no objection if the FIR is quashed and the subsequent chargesheet is quashed.
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, the 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 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 proceeding."
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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
continuing with the present FIR No. 2078/2015, under Sections 448/380/34 of the IPC, registered at P.S. Malviya Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Shilpi Singh, learned Metropolitan Magistrate, South, Saket Courts, Delhi.
10.
In the interest of justice, the petition is allowed, and the FIR No. 2078/2015, under Sections 448/380/34 of the IPC, registered at P.S. Malviya Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Shilpi Singh, learned Metropolitan Magistrate, South, Saket Courts, 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 MAY 8, 2024/bsr 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.