Virendra @ Beeran @ Virender @ Veeeran & ORS. v. State Of NCT Of Delhi & ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ VIRENDRA @ BEERAN @ VIRENDER @ VEEERAN & ORS. .....Petitioners Through:
Mr. Nachiketa Suri with Mr. Shaan Meena, Advocates.
Petitioner No.1 in court.
Petitioners Nos. 2 and 3 via videoconferencing. versus STATE OF NCT OF DELHI & ANR.
.....Respondents Through:
Ms. Shubhi Gupta, APP for the State with SI Meda Lal, P.S.: Jahangir Puri and SI Sachin, P.S.: Shalimar Bagh.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R
% 18.10.2024 By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioners, who are the former husband and in-laws of the complainant/respondent No. 2, seek quashing of case FIR No. 349/2018 dated 28.06.2018 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Shalimar Bagh, Delhi.
2.
The petition is premised on Settlement/Agreement dated 26.08.2023, arrived at through mediation before the Delhi Mediation Centre, Rohini District Courts, Delhi; and Divorce Decree dated 04.12.2023, which is the culmination of petitions under sections 13B(1) and 13B(2) of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Hindu Marriage Act 1955, whereby the parties had sought dissolution of their marriage by mutual consent.
3.
The petition is supported by affidavits of the petitioners, as also of respondent No. 2, alongwith proof of their IDs. 4.
Petitioner No.1 as well as respondent No. 2 are present in court. Petitioners Nos. 2 and 3 have joined via video-conferencing. Their credentials have been verified and they have also been identified by their respective counsel.
5.
The parties have confirmed that one boy, namely Shreyansh, and one girl, namely Chanchal, have been born from the wedlock; both of whom are stated to be minor as of date.
6.
As per Settlement/Agreement dated 26.08.2023, Shreyansh is stated to be in the custody of respondent No.2 and Chanchal is stated to be in the custody of petitioner No.1.
7.
No appeal is stated to have been filed from the divorce decree. 8.
Ms. Shubhi Gupta, learned APP confirms that the State has no objection to the subject FIR being quashed.
9.
In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, 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 subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
10. Accordingly, case FIR No. 349/2018 dated 28.06.2018 registered under sections 498-A/406/34 IPC at P.S.: Shalimar Bagh, North West Delhi is quashed. All proceedings arising therefrom also stand closed.
11. Needless to add that the settlement between the parties leading to the closure of all criminal proceedings by way of the present order will in no way affect the property rights and other rights of the minor children, namely Shreyansh and Chanchal vis-à-vis their parents, as may be available under law, in any manner whatsoever.
12. Petition stands disposed-of.
13. Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J OCTOBER 18, 2024 ds The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.