Suraj Singh Rawat v. State(Govt Of N.C.T Of Delhi) & ANR.

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5059/2022 SURAJ SINGH RAWAT ..... Petitioner Through:

Mr.Arjun Anand and Ms.Priyam Wadhawan, Advs.

along with petitioner in person.

versus STATE(GOVT OF N.C.T OF DELHI) & ANR.

..... Respondents Through:

Mr.Shoaib Haider, APP with SI Subham R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 01.02.2024 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.0342/2022 registered at Police Station: Mandawali Fazal Pur, Delhi under Sections 376/506/323 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of settlement.

2.

The learned counsel for the petitioner submits that the parties, that is, the petitioner and the respondent no.2 have amicably settled all their disputes and entered into a settlement vide Memorandum of Understanding/Settlement Deed/Compromise Deed dated 17.09.2022, and are married now and they are living happily together. 3.

The respondent no.2 is present in person and has been duly identified by the Investigating Officer (IO). The respondent no.2 affirms that she has settled all the disputes with the petitioner of her 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 02/08/2024 at 12:43:35

own free will and without any coercion. The respondent no.2 submits that she has no objection if the present FIR is quashed. 4.

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

5.

Considering the above submissions and the fact that the parties are happily married and are living together, I find that no useful purpose will be served in continuing with the proceedings of the above FIR; it would rather create further acrimony between the parties.

6.

Keeping in view the above and being guided by the principles enunciated by the Supreme Court in its judgments in Kapil Gupta v. State (NCT of Delhi), 2022 SCC OnLine SC 1030, 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 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. 7.

Accordingly, the petition is allowed. Consequently, the FIR No.0342/2022 registered at Police Station: Mandawali Fazal Pur, Delhi under Sections 376/506/323 of the IPC and all consequential proceedings emanating therefrom against the petitioner are quashed. 8.

The petition is disposed of in the above terms. NAVIN CHAWLA, J FEBRUARY 1, 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 02/08/2024 at 12:43:35