Sharvan Kumar Chaubey Alias Guddu v. The State NCT Of Delhi & ANR.
$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4314/2024 & CRL. M.A. 16375/2024 SHARVAN KUMAR CHAUBEY ALIAS GUDDU .....Petitioner Through:
Mr. Rajat Rathee, Advocate (through VC) versus THE STATE NCT OF DELHI & ANR.
.....Respondents Through:
Mr. Aman Usman, APP for the State with SI Deepak Kumar, PS Jahangir Puri, Delhi Mr. Naveen Gupta, Advocate for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 31.01.2025 1.
The present petition has been filed under Section 482 CrPC seeking quashing of FIR No. 254/2012 under Sections 498A/406PC registered at Police Station Jahangir Puri, New Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.
2.
Learned APP appearing for the State accepts notice on behalf of the State.
3.
The learned APP for the submits that since the FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
The petitioner no.1 (husband), petitioner no.2 (father of petitioner no.1), as well as, respondent no.2(wife) are present in Court. The parties have been identified by their respective counsel, as well as, by the Investigating Officer SI Deepak Kumar, Police Station Jahangir, New Delhi. 5.
The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 22.11.2010 according to Hindu Rites and Customs. The parties were blessed with a baby girl, out of the wedlock.
6.
On account of certain misunderstanding between the parties the respondent no. 2 lodged the aforesaid FIR.
7.
During the pendency of the proceedings, the parties arrived at settlement, terms whereof were reduced in writing in the form of Deed of Settlement/Memorandum of Understanding dated 19.05.2024 and 23.03.2022, which is annexed at Annexure P/4 to the present petition. 8.
In terms of the said settlement, the parties amicably resolved all their disputes and started living together peacefully. 9.
It has been agreed between the parties that they shall cooperate with each other in all possible manner and they shall fulfil all their duties and responsibilities towards each other and their family members. 10.
The respondent no.2, on a query posed by the Court, affirms the fact that the parties are living together as husband and wife and states that she has no objection in case the FIR is quashed.
11.
In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.
12.
It is, thus, in the interest of justice that the present FIR and all the other The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
proceedings emanating therefrom be quashed.
13.
Consequently, the petition is allowed and the FIR No. 254/2012 under Sections 498A/406PC registered at Police Station Jahangir Puri, New Delhi alongwith all other proceedings emanating therefrom, is quashed. 14.
The petition alongwith pending application stands disposed of in the above terms.
VIKAS MAHAJAN, J JANUARY 31, 2025 'rs'
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.