Shri Ranjay Kumar v. State Govt. O Fnct Of Delhi And ANR. & ANR.
$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3732/2024 SHRI RANJAY KUMAR ..... Petitioner Through:
Mr.A.K. Pandey, Adv. along with petitioner in person.
versus STATE GOVT. O FNCT OF DELHI AND ANR. & ANR.
..... Respondents Through:
Mr.Shoaib Haider, APP with Insp. Rajiv Mr.A.A. Siddiqui, Adv. for R-2 along with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 09.05.2024 CRL.M.A. 14296/2024 (Exemption) 1.
Allowed, subject to all just exceptions.
CRL.M.C. 3732/2024 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.226/2018 registered at Police Station: Malviya Nagar, District South, Delhi under Sections 498A/406/506/323/342 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 no.1 and by Mr.A.A. Siddiqui, 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.2.
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.2. He further states that no child is born from the wedlock of the petitioner and the respondent no.2.
6.
He submits that the parties have amicably settled their inter se disputes and have entered into a settlement on 12.01.2023 before the Mediation Centre, Saket Courts, New Delhi. The marriage between the petitioner and respondent no.2 has already been dissolved vide Decree of Divorce dated 16.08.2023, passed by learned Judge-02, Family Courts, South District, Saket Courts, New Delhi. 7.
The respondent no.2, who appears in person and has been duly identified by the Investigating Officer (IO), reaffirms the abovementioned settlement and states that she has settled all the disputes with the petitioner out of her own free will and without any coercion. She submits that she has no objection if the present FIR is quashed. 8.
I have perused the contents of the FIR and also the Settlement between the parties.
9.
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 create further acrimony between the parties and will be an The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
unnecessary burden on the State Exchequer.
10.
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.
11.
Accordingly, the petition is allowed. FIR No.226/2018 registered at Police Station: Malviya Nagar, District South, Delhi under Sections 498A/406/506/323/342 of the IPC, and all consequential proceedings emanating therefrom against the petitioner are quashed.
NAVIN CHAWLA, J MAY 9, 2024/ns/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.