Pramod v. The State & ANR.
$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6507/2022 & CRL.M.A. 25347/2022 PRAMOD ..... Petitioner Through:
Mr.Manjit Kumar Tomar, Adv.
versus THE STATE & ANR.
..... Respondents Through:
Mr.Satinder Singh Bawa, APP with WSI Rakhi.
Respondent no.2 present through VC.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 21.03.2024 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.216/2015 registered at Police Station: Jyoti Nagar, Delhi, under Sections 498A/406/34 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, based on a settlement.
2.
The learned counsel for the petitioner submits that the subject FIR was an offshoot of the matrimonial discord between the parties, that is, the petitioner and the respondent no.2. He submits that the parties have amicably settled their inter se disputes with the intervention of the family members and have entered into a settlement/compromise deed dated 13.03.2018.
3.
Pursuant to the abovementioned settlement, the petitioner and respondent no.2 have obtained divorce by way of mutual consent from The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
the learned Principal Judge, Family Courts, Shahdara, Karkardooma Courts, Delhi vide Decree of Divorce dated 16.04.2019. 4.
The respondent no.2, who is present through virtually 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 petitioner out of her own free will and without any coercion. The respondent no.2 submits that she does not have any objection if the present FIR is quashed. She submits that she has received a sum of Rs.20,000/- in cash from the petitioner. 5.
I have perused the contents of the FIR and also the settlement arrived at between the parties.
6.
Keeping in view the fact that disputes between the parties arose out of a matrimonial relationship and the respondent no.2 does not wish to pursue her complaint any further, as also the Settlement arrived at between the parties and the fact that a Decree of Divorce has already been granted by the learned Family Court pursuant to the settlement, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as the chances of its success will be rather minuscule and it would rather 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.216/2015 registered at Police Station: Jyoti Nagar, Delhi, under Sections 498A/406/34 of the IPC, along with all the consequential proceedings emanating therefrom against the petitioner are quashed. NAVIN CHAWLA, J MARCH 21, 2024/Arya/RP 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.