Shri Vikas Verma & ORS v. The State Of NCT Of Delhi & ANR.

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5075/2022 SHRI VIKAS VERMA & ORS ..... Petitioners Through:

Mr.H.R. Verma, Adv. with petitioners in person.

versus THE STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr.Shoaib Haider, APP with SI Maneeta

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 01.04.2024 1.

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') praying for quashing of FIR No.982/2014 registered at Police Station: Ambedkar Nagar, South-East District, Delhi under Sections 406/498A/34 of the Indian Penal Code, 1860 (in short, 'IPC').

2.

It is the case of the petitioners that the petitioner no.1 married the respondent no.2 on 27.04.2009. Due to certain differences, the marriage broke down and the respondent no.2 filed a complaint based whereon the abovementioned FIR got registered at Police Station: Ambedkar Nagar, Delhi on 20.12.2014. Chargesheet was also filed in the year 2015. Other litigations were also started between the parties. Finally, by a Memorandum of Understanding dated 26.03.2015, the parties, that is, the petitioner no.1 and the respondent no.2 inter alia settled their disputes. One of the terms of the settlement was that the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondent no.2 shall cooperate with the petitioners in seeking quashing of the subject FIR. Based on the terms of the settlement, the petitioner no.1 and the respondent no.2 have also been granted a Decree of Divorce vide judgment dated 04.01.2016 passed by the learned Principal Judge, Family Courts, South District, Saket Courts, New Delhi in HMA No.08/2016.

3.

In spite of pass-over, none is appearing for the respondent no.2. 4.

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

5.

Keeping in view the fact that the disputes between the parties arose out of a matrimonial relationship and such disputes have been amicably settled by way of the Memorandum of Understanding dated 26.03.2015, pursuant whereto the petitioner no.1 and the respondent no.2 have also been granted a Decree of Divorce by the learned Family Court, in my view, 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.

6.

Guided by the principles enunciated by the Supreme Court in its 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

proceedings emanating therefrom.

7.

Accordingly, the petition is allowed. FIR No.982/2014 registered at Police Station: Ambedkar Nagar, South-East District, Delhi under Sections 406/498A/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed. NAVIN CHAWLA, J APRIL 1, 2024/ns/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.