Manish Sachdev & ANR. v. The State & ANR.

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3707/2022 MANISH SACHDEV & ANR.

..... Petitioners Through:

Mr.Hardik Prakash, Adv.

versus THE STATE & ANR.

..... Respondents Through:

Mr.Satinder Singh Bawa, APP with Insp.Asha.

R-2 in Person

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 23.02.2024 1.

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.369/2020 registered at Police Station: Kapashera, South-West District, Delhi, under Sections 406/498A/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of a settlement.

2.

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. 3.

The learned counsel for the petitioners submits that the parties have now amicably settled their inter se disputes and have entered into a settlement vide Settlement Agreement/Compromise dated 28.09.2021.

4.

The respondent no.2, who is personally present in Court and has The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

been duly identified by the Investigating Officer (IO), reaffirms the settlement and states that she has settled all the disputes with the petitioners out 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.

5.

I have perused the contents of the FIR and also the settlement between the parties.

6.

As the disputes between the parties arose out of a matrimonial relationship, and now the same have been amicably settled between the petitioners and respondent no.2 pursuant to the settlement, and also looking into the nature of the allegations made in the complaint, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as the chances of its success will be rather minuscule and it would rather create further acrimony between the parties and will be an unnecessary burden on the State exchequer. 7.

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.

8.

Accordingly, the petition is allowed. FIR No.369/2020 registered at Police Station: Kapashera, South-West District, Delhi, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

under Sections 406/498A/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed. NAVIN CHAWLA, J FEBRUARY 23, 2024/Arya/AS 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.