Lokesh @ Lokender @ Lokender Singh & ORS. v. The State Govt Of NCT Of Delhi & ANR.
$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3835/2024 LOKESH @ LOKENDER @ LOKENDER SINGH & ORS.
..... Petitioners Through:
Ms.Shruti Kapoor, Ms.Shalu Kataria and Mr.Aditya Punia, Advs. along with petitioners in person.
versus THE STATE GOVT OF NCT OF DELHI & ANR.
..... Respondents Through:
Mr.Aman Usman, APP with SI Sunder Singh Mr.Rajiv Ranjan, Adv. for R-2 along with Respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 13.05.2024 CRL.M.A. 14621/2024 (Exemption) 1.
Allowed, subject to all just exceptions.
CRL.M.C. 3835/2024 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.0774/2022 registered at Police Station: Nangloi, Outer District, Delhi under Sections 498A/406/506/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of settlement.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
Issue notice.
4.
Notice is accepted by Mr.Aman Usman, learned APP for the respondent no.1 and by Mr.Rajiv Ranjan, Advocate 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. No child is born from the wedlock of the petitioner no.1 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 10.10.2023 before the Delhi Mediation Centre, Tis Hazari Courts, New Delhi. The marriage between the petitioner no.1 and respondent no.2 has already been dissolved vide Decree of Divorce dated 21.12.2023, passed by learned Judge, Family Court-02, West District, Tis Hazari Courts, New Delhi. 7.
The learned counsel for the petitioners has handed over a demand draft of Rs.4,00,000/- (Rupees Four Lacs only) to the respondent no.2.
8.
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 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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 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.0774/2022 registered at Police Station: Nangloi, Outer District, Delhi under Sections 498A/406/506/34 of the IPC, and all consequential proceedings emanating therefrom against the petitioners are quashed. NAVIN CHAWLA, J MAY 13, 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.