Vijay Arora & ORS. v. State Of NCT Of Delhi & ORS.

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6422/2022 VIJAY ARORA & ORS.

..... Petitioners Through:

Mr.Karan Chaudhary & Mr.Rachit Singh, Advs. along with petitioners present in person.

versus STATE OF NCT OF DELHI & ORS.

..... Respondents Through:

Mr. Shoaib Haider, APP.

SI Awant, PS Janakpuri.

Respondent no.2 present

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 30.04.2024 CRL.M.A. 12935/2024 1.

This application is filed seeking early hearing of the petition. 2.

With the consent of the parties, the petition is taken up for hearing today itself.

CRL.M.C. 6422/2022 3.

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. 279/2022 registered at Police Station: Janakpuri, Delhi under Sections 323/324/354/341/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of settlement.

4.

The learned counsel for the petitioners submits that the subject The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

FIR was an offshoot of matrimonial discord between the parties, that is, the petitioner no.3 and her husband. He submits that the parties have amicably settled their inter se disputes and have entered into a settlement on 15.02.2024 before the Mediation Centre, Dwarka Courts, New Delhi.

5.

The respondent no.2, who is present in Court and has been duly identified by the Investigating Officer (IO), 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 does not wish to pursue the proceedings emanating from the FIR any further and has no objection if the present FIR is quashed.

6.

I have perused the contents of the FIR, the Settlement and considered the submissions made.

7.

Keeping in view the fact that the disputes between the parties arose out of a matrimonial discord between the parties, and now the same have been amicably settled, and also looking into the nature of the allegations made in the complaint, in my opinion, 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.

8.

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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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.

9.

Accordingly, the petition is allowed. FIR No 279/2022 registered at Police Station: Janakpuri, Delhi under Sections 323/324/354/341/34 of the IPC, and all consequential proceedings emanating therefrom against the petitioners are quashed. 10.

The next date of hearing, already fixed, shall stand cancelled. NAVIN CHAWLA, J APRIL 30, 2024/rv/am 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.