Vikram Singh & ORS. v. State Govt. Of NCT Of Delhi & ANR.

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1688/2024 VIKRAM SINGH & ORS.

..... Petitioners Through:

Mr.Deepak Rana and Mr.Surender Gupta, Advs.

along with petitioners in person.

versus STATE GOVT. OF NCT OF DELHI & ANR. ..... Respondents Through:

Mr.Amol Sinha, ASC (Crl.) with Mr.Kshitiz Garg, Mr.Ashvini Kumar and Ms.Chavi Lazarus, Advs. with Insp. Pawan Kumar, SI Vijay Kumar and ASI Jitender Singh.

Mr.Arbind Kumar Singh and Mr.Anupam, Advs. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 27.05.2024 CRL.M.A. 16432/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

W.P.(CRL) 1688/2024 2.

This petition has been filed under Articles 226/227 of the Constitution of India read Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No.452/2021 registered at Police Station: Kanjhawala, 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

of a settlement.

3.

Issue notice.

4.

Notice is accepted by Mr.Amol Sinha, learned Additional Standing Counsel (Crl.) and by Mr.Arbind Kumar Singh, 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. 6.

He submits that the parties have amicably settled their inter se disputes and have entered into a settlement vide Settlement Agreement dated 02.05.2023.

7.

Pursuant to the abovementioned settlement, the parties have obtained divorce by mutual consent vide Decree of Divorce dated 04.01.2024 passed by the learned Judge, Family Courts North-West District, Rohini Courts, Delhi.

8.

The petitioners have handed over a Demand Draft of Rs.1.5 lakhs to the respondent no.2, pursuant to the terms of the settlement. 9.

The Respondent no.2, who appears in Court in person, 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. 10.

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

11.

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 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 would rather create further acrimony between the parties and will be an unnecessary burden on the State Exchequer. 12.

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.

13.

Accordingly, the petition is allowed. FIR No.452/2021 registered at Police Station: Kanjhawala, 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 27, 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.