Imran Khan And ORS v. State Gnct Of Delhi And ANR
$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6732/2022 & CRL.M.A. 26167/2022 IMRAN KHAN AND ORS ..... Petitioners Through:
Mr.Pradeep Choudhary and Mr.Lalit Kumar Bhati, Advs versus STATE GNCT OF DELHI AND ANR ..... Respondents Through:
Mr. Shoaib Haider, APP with SI Rishi Kumar.
Respondent no.2 through VC.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 31.01.2024 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.495/2021 registered at Police Station: Geeta Colony, Shahdara District, Delhi, under Sections 498A/406/34 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.1 and the respondent no.2. He submits that the parties have amicably settled their inter se disputes and have entered into a settlement vide Settlement Agreement dated 19.07.2022 before the Mediation Centre, Family Courts, East District, Karkardooma Courts, Delhi 3.
The respondent no.2, who is present in Court (through VC) and has been duly identified by the Investigating Officer (IO), reaffirms The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
the settlement and states that she has settled all the inter se disputes with the petitioners 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. She further submits that she has received the amount as per the Settlement.
4.
I have perused the contents of the FIR and also the settlement between parties.
5.
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 will be rather minuscule and it would rather create further acrimony between the parties and will be an unnecessary burden on the State exchequer.
6.
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 & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 3, 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.
7.
Accordingly, the petition is allowed. FIR No.495/2021 registered at Police Station: Geeta Colony, Shahdara District, Delhi, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom against the petitioners are quashed. 8.
The petition is disposed of in the above terms. The pending application is disposed of as being rendered infructuous. NAVIN CHAWLA, J JANUARY 31, 2024/Arya/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.