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High Court of DelhiCRL.M.C./4923/2024

Satyawan & ORS. v. State Of NCT Of Delhi & ANR.

2024-07-02Hon'Ble Mr. Justice Anup Jairam Bhambhani3 pages

$~13 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ SATYAWAN & ORS.

..... Petitioners Through:

Mr. Shafiq Khan, Mr. Vikasdeep Sharma, Ms. Tanya Sharma and Ms.

Meghna, Advocates.

versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Naresh Kumar Chahar, APP for the State.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 02.07.2024 CRL.M.A. 18809/2024 (exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed-of.

By way of the present petition filed under Article 226 and 227 of the Constitution of India read with section 482 of the Code of Criminal Procedure 1973, the petitioners, who are respectively the husband, father-in-law and mother-in-law of the complainant/respondent No.2 seek quashing of case FIR No.

0373/2021 dated 03.09.2021 registered under sections 498A/406/34 of the Indian Penal Code, 1860 at P.S.: Sector 23, Dwarka, New Delhi ('subject FIR').

2.

The petition is premised on Settlement Deed dated 20.05.2024, whereby the petitioners and respondent No.2 have resolved their inter-se disputes amicably.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

The petition is supported by affidavits of all the petitioners as also of respondent No.2, alongwith proofs of their I.D.s. 4.

From the record, it is seen that the marriage between petitioner No.1 (husband) and respondent No.2 (wife) was solemnised on 25.11.2013 and 01 child was born from the wedlock. Though respondent No.2 had left her matrimonial home on 16.11.2020, she has since re-joined the company of petitioner No.1 and they are living together, alongwith their daughter.

5.

The contesting parties are present in-person. They have been identified by their respective counsel.

6.

The court has interacted with respondent No.2, who confirms that she has signed Settlement Deed dated 20.05.2024 and affidavit dated 28.02.2024; and that since she has settled all disputes with the petitioners, she does not wish to pursue the subject FIR any further. 7.

Mr. Naresh Kumar Chahar, learned APP confirms that the State has no objection to the subject FIR being quashed. 8.

In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr.1and in Narinder Singh & Ors. vs. State of Punjab & Anr.2, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all 1 (2012) 10 SCC 303 2 (2014) 6 SCC 466 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties. 9.

Accordingly, FIR No. 0373/2021 dated 03.09.2021 registered under sections 498A/406/34 of the Indian Penal Code, 1860 at P.S.: Sector 23, Dwarka, New Delhi, is quashed. All proceedings arising therefrom also stand closed.

10.

Petition stands disposed-of.

11.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J JULY 2, 2024/ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.