Kulvinder Singh & ORS. v. The State (N.C.T Of Delhi) And ANR.
$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5116/2022 KULVINDER SINGH & ORS.
..... Petitioners Through:
Counsel (Appearance not given).
Petitioners present in person.
versus THE STATE (N.C.T OF DELHI) AND ANR.
..... Respondents Through:
Mr.Shoaib Haider, APP.
SI Mohd. Kafeel, PS KM Pur.
Respondent no.2 present through VC.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 22.02.2024 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. 170/2019 registered at Police Station: Mukherjee Nagar, North-West District, Delhi under Sections 354D/506 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 petitioners submits that the subject FIR was an offshoot of the matrimonial discord between the parties, that is, the petitioner no.2 and the respondent no.2, and a misunderstanding between the parties. He submits that the parties have amicably settled their inter se disputes and have entered into a settlement vide Settlement Agreement dated 24.09.2019 before the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Delhi Mediation Centre, Rohini District, Delhi. 3.
Pursuant to the above Settlement between the parties, the learned Principal Judge, Family Courts, North District, Delhi has granted a decree of divorce dated 31.01.2020 to the petitioner no. 2 and the respondent no. 2 by mutual consent.
4.
The respondent no.2, who is present in Court and has been duly identified by the Investigating Officer (IO), re-affirms the settlement and states that she has settled all the inter se disputes with the petitioners out of her own free will and without any coercion. The respondent no.2 submits that she does not wish to pursue the proceedings emanating from the FIR any further and 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 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 the chances of its success would be rather minuscule and 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 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 & The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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. 170/2019 registered at Police Station: Mukherjee Nagar, North-West District, Delhi under Sections 354D/506 of IPC, and all consequential proceedings emanating therefrom against the petitioners are quashed. NAVIN CHAWLA, J FEBRUARY 22, 2024/rv/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.