Ravi Anand & ORS. v. The State Govt Of NCT Of Delhi & ANR.
$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1637/2024 RAVI ANAND & ORS.
..... Petitioners Through:
Mr.Navjot Kumar, Mr.Karan Khanna, Ms.Rashmi Sharma, Advs. with petitioners.
versus THE STATE GOVT OF NCT OF DELHI & ANR.
..... Respondents Through:
Mr.Anand V Khatri, ASC (Crl).
Mr.Rohan Bhatia, Mr.Piyush Gupta, Advs. for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 22.05.2024 CRL.M.A. 15980/2024 (Exemption) 1.
Allowed, subject to all just exceptions.
W.P.(CRL) 1637/2024 2.
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.0171/2022 registered at Police Station: Greater Kailash, New 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.
3.
Issue notice.
4.
Notice is accepted by Mr.Anand V Khatri, the learned ASC The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/05/2024 at 12:21:52
(Crl) and by Mr.Rohan Bhatia, Advocate on behalf of 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. 6.
He submits that the parties have amicably settled their inter se disputes and pursuant to the same have entered into a Memorandum of Understanding / settlement dated 20.11.2023.
7.
Pursuant to the abovementioned settlement, the parties have obtained divorce by mutual consent vide Decree of Divorce dated 21.03.2024 passed by the learned Judge, Family Courts-01, South East District, Saket Courts, New Delhi.
8.
The Respondent no.2, who appears in Court in person and has been duly identified by the learned counsels for the parties, reaffirms the above-mentioned 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 amicably settled, a decree of divorce has also been granted by the learned family court pursuant to the settlement 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/05/2024 at 12:21:53
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.0171/2022 registered at Police Station: Greater Kailash, New 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 22, 2024/Arya/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. The Order is downloaded from the DHC Server on 28/05/2024 at 12:21:53