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High Court of DelhiCRL.M.C./5063/2022

Ram Nath Vinayak & ORS. v. State Of NCT Delhi & ANR.

2024-03-21Hon'Ble Mr. Justice Navin Chawla3 pages

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5063/2022 & CRL.M.A. 21246/2022 RAM NATH VINAYAK & ORS.

..... Petitioners Through:

Mr.Vikram Jit Saini, Adv. with petitioners in person.

versus STATE OF NCT DELHI & ANR.

..... Respondents Through:

Mr.Aman Usman, APP with SI Shashi.

Mr.Brijendra Pratap Singh, Mr.Daljeet Singh Chhina, Mr.Anubhav, Advs. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 21.03.2024 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. 176/2020 registered at Police Station: Gulabi Bagh, North District, Delhi under Sections 323/341/509/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of a settlement.

2.

The learned counsel for the petitioners submits that the subject FIR was an offshoot of the matrimonial discord between the petitioner no.2 and her husband and the present FIR was registered at the instance of husband of the petitioner no.2 by the respondent no.2. 3.

He submits that the parties have amicably settled their inter se disputes and have entered into a settlement vide Memorandum of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Understanding dated 05.07.2022.

4.

The respondent no.2 is personally present in Court and has been duly identified by the Investigating Officer ('IO'). She 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. The respondent no.2 submits that she has no objection if the present FIR is quashed.

5.

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

6.

Keeping in view the fact that the disputes arose out of matrimonial discord and the respondent no.2 does not wish to pursue her complaint any further, as also the Settlement arrived at between the parties, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as it would create further acrimony between the parties and will be an unnecessary burden on the State exchequer.

7.

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. (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.

8.

Accordingly, the petition is allowed. FIR No. 176/2020 registered at Police Station: Gulabi Bagh, North District, Delhi under The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Sections 323/341/509/34 of IPC and all consequential proceedings emanating therefrom against the petitioners are quashed. 9.

The pending application is also disposed of as being rendered infructuous.

NAVIN CHAWLA, J MARCH 21, 2024/Arya/AS 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.