Praveen Rajan & ANR. v. State Through Sho Ps Caw Nanak Pura & ANR.
$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5496/2024 PRAVEEN RAJAN & ANR.
.....Petitioners Through:
Mr. Manan Soni, Advocate with petitioners-in-person.
versus STATE THROUGH SHO PS CAW NANAK PURA & ANR.
.....Respondents Through:
Ms. Shubhi Gupta, APP for the State.
R2 via video-conferencing.
S.I. Vijay Pal Singh, P.S: CWC Nanakpura.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R
% 01.10.2024 By way of the present petition, the petitioners, who are the former husband and sister-in-law of the complainant/respondent No. 2, seek quashing of case FIR No. 27/2013 dated 26.02.2013 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Crime Women Cell Nanakpura, Delhi. As recorded in last order dated 22.07.2024, since the present petition was filed after 01.07.2024, it has been treated as one under section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
2.
Pursuant to last order dated 22.07.2024, learned counsel for the petitioner has placed on record Divorce Decree dated 09.11.2023, which is the culmination of petitions under sections 13B(1) and 13B(2) of the Hindu Marriage Act 1955, whereby the parties had sought dissolution of their marriage by mutual consent. CRL.M.C. 5496/2024 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
It is pointed-out that the parties have already settled their inter-se disputes in the course of proceedings before the Division Bench, as recorded in judgment dated 26.04.2023 in MAT.APP.(F.C.) No.207/2018. A copy of judgment dated 26.04.2023 has been appended to the petition.
4.
The petition is supported by affidavits of the petitioners, as also of respondent No. 2, alongwith proof of their IDs. 5.
The petitioners are present in court and respondent No.2 has joined via video-conferencing. Their credentials have been verified and they have also been identified by the Investigating Officer. 6.
The parties have confirmed that no child was born from the wed-lock. 7.
Respondent No.2 confirms that there is no monetary settlement between the parties; and that she does not wish to pursue further proceedings in the subject FIR.
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. CRL.M.C. 5496/2024 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
10. Accordingly, FIR No. 27/2013 dated 26.02.2013 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 at P.S.: Crime Women Cell Nanakpura, Delhi is quashed. All proceedings arising therefrom also stand closed.
11. Petition stands disposed-of.
12. Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J OCTOBER 1, 2024 ds CRL.M.C. 5496/2024 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.