Shehzad @ Bhura And ORS v. The State And ANR

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4456/2022 SHEHZAD @ BHURA AND ORS ..... Petitioners Through:

Mr.Farhat Qadeeri, Adv.

versus THE STATE AND ANR ..... Respondents Through:

Mr. Shoaib Haider, APP with SI Abhar Pal.

Mr.Nitin Sahuja, Ms.Sanskrti Bansal, Ms.Ishita Soni, Advs.

for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 25.01.2024 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. 225/2016 registered at Police Station: Karawal Nagar, North East District, Delhi under Sections 498A/406/506/34 of the Indian Penal Code, 1860 (in short, 'IPC') along with all other proceedings arising therefrom.

2.

The learned counsel for the petitioners submits that the parties have amicably settled the disputes and the petitioner no.1 and the respondent no.2 have been granted divorce by mutual consent. 3.

The respondent no.2, who appears in person and has been duly identified by the Investigating Officer (IO), does not oppose the present petition and reiterates that the dispute has been amicably settled and divorce has already taken place by mutual consent. 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 15/06/2024 at 11:28:10

4.

In view of the above, and considering the Settlement between the parties, I find that there would be no use in continuing with the proceedings of the present FIR as it would rather create further acrimony between the parties and will be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Guided by the principles enunciated by the Supreme Court in its judgments in Gian Singh v. State of Punjab, (2012) 10 SCC 303; Parbatbhai Aahir @ Parbatbhai Bhimsinbhai Karmur & Ors. v. State of Gujarat & Ors. and (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 3, 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.

5.

Accordingly, the petition is allowed. Consequently, the FIR No. 225/2016 registered at Police Station: Karawal Nagar, North East District, Delhi under Sections 498A/406/506/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed.

6.

The petition is disposed of in the above terms. NAVIN CHAWLA, J JANUARY 25, 2024/Arya/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. The Order is downloaded from the DHC Server on 15/06/2024 at 11:28:10