Sudhir Kumar v. The State Of NCT Of Delhi And ORS
$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1593/2024 SUDHIR KUMAR ..... Petitioner Through:
Ms.Gunjan Arora, Adv.
Petitioner present in person.
versus THE STATE OF NCT OF DELHI AND ORS ..... Respondents Through:
Mr.Sanjay Lao, Standing Counsel for State.
Ms.Heena Gupta, Adv. for R-3.
Respondent no.3 present in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 20.05.2024 1.
This petition has been filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No. 0804/2016 registered at Police Station: Tilak Nagar, West 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.
2.
Issue notice.
3.
Notice is accepted by Mr.Sanjay Lao, Standing Counsel for the State and Ms.Heena Gupta, learned counsel for respondent no.3. 4.
The learned counsel for the petitioner submits that the subject FIR was an offshoot of the matrimonial discord between the parties, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
that is, the petitioner and the respondent no.3. 5.
He submits that the parties have amicably settled their inter se disputes and have entered into a Settlement dated 22.12.2023. 6.
Pursuant to the above-mentioned settlement, the learned Judge Family Court, West, Tis Hazari Courts, Delhi has granted a Decree of Divorce dated 27.03.2024 to the parties, that is, the petitioner and the respondent no.3.
7.
The respondent no.3, who is personally present in Court and has been duly identified by the Investigating Officer (IO), reaffirms the above-mentioned settlement and states that she has settled all the disputes with the petitioner out of her own free will and without any coercion. The respondent no.3 submits that she does not wish to pursue the proceedings emanating from the FIR any further and has no objection if the present FIR is quashed.
8.
The learned counsel for the petitioner has handed over a Demand Draft for a sum of Rs.1,00,000/- (Rupees One Lakh Only) to the respondent no.3 as per the terms of the Settlement. 9.
I have perused the contents of the FIR and considered the submissions made.
10.
Keeping in view the fact that the disputes between the parties arose out of a matrimonial relationship and such disputes have been amicably settled by way of the Settlement dated 22.12.2023, pursuant whereto the petitioner and the respondent no.3 have also been granted a Decree of Divorce by the learned Family Court, in my view, 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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. 0804/2016 registered at Police Station: Tilak Nagar, West Delhi under Sections 498A/406/506/34 of the IPC, and all consequential proceedings emanating therefrom against the petitioner are quashed. NAVIN CHAWLA, J MAY 20, 2024/rv/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.