Sahil Madaan And Others. v. State NCT Of Delhi And ANR.
$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4399/2024 SAHIL MADAAN AND OTHERS.
..... Petitioners Through:
Mr.K.C. Jain, Adv.
versus STATE NCT OF DELHI AND ANR.
..... Respondents Through:
Mr. Shoaib Haider, APP with SI Prabhash Mr.Asish Nischal and Mr.Arun Nischal, Advs. for R-2 along with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 28.05.2024 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.708/2022 registered at Police Station: Sarai Rohilla, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of a settlement.
2.
Issue notice.
3.
Notice is accepted by Mr. Shoaib Haider, learned APP for the respondent no.1 and by Mr.Asish Nischal, Advocate for the respondent no.2.
4.
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. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown abolviThe arder 2rom De0dhode from siao
5.
He submits that the parties have amicably settled their inter se disputes before the learned Principal Judge, Family courts, Central District, Tis Hazari Courts, Delhi on 19.01.2024. 6.
Pursuant to the abovementioned settlement, the parties have obtained divorce by mutual consent vide Decree of Divorce dated 30.03.2024 passed by the learned Principal Judge, Family Court, Central District, Tis Hazari Courts, Delhi.
7.
The petitioners have handed over a Demand Draft of Rs.14 lakhs to the respondent no.2.
8.
The respondent no.2, who appears in Court in person 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 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 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. 11.
Guided by the principles enunciated by the Supreme Court in its 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 01/06/2024 at 12:31:03
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.708/2022 registered at Police Station: Sarai Rohilla, Delhi under Sections 498A/406/34 of the IPC, and all consequential proceedings emanating therefrom against the petitioners are quashed. NAVIN CHAWLA, J MAY 28, 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. The Order is downloaded from the DHC Server on 01/06/2024 at 12:31:03