Manjeet Singh & ORS. v. The State NCT Of Delhi & ANR.
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8931/2023 & CRL.M.A. 33418/2023 (Stay) MANJEET SINGH & ORS.
..... Petitioners Through:
Mr. U.S. Gautam, Ms. Varsha, Mr.
Shubham Shukla & Mr. Manjeet Singh, Advocates alongwith petitioners in person.
versus THE STATE NCT OF DELHI & ANR.
..... Respondents Through:
Mr. Amit Ahlawat, APP for the State with SI Anju, P.S. Narela Industrial Area.
Mr. Gaurav Bhardwaj, Mr. Rahul Bhati, Mr. Sahil Khatriya & Mr.
Keshar Pawar, Advocates for R-2 alongwith R-2 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 02.04.2024 1.
The present petition filed under Section 482 of the Cr.P.C. seeks quashing of the FIR No.
211/2023, under Sections 498A/354/354B/376/377/34 of the IPC, registered at P.S. Narela Industrial Area and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Sh. Gaurav Katariya, learned Metropolitan Magistrate, Rohini Courts, Delhi. 2.
The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 02.12.2021 as per Hindu Rites and Ceremonies The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
and a male child was born out of the said wedlock. 3.
Learned counsel appearing on behalf of the petitioners submits that during the pendency of the aforesaid proceeding, the parties have arrived at a settlement before Delhi High Court Mediation and Conciliation Centre vide settlement agreement dated 19.09.2023. In pursuance of the said settlement, respondent no. 2 has no objection if the present FIR and subsequent chargesheet are quashed. It is further submitted that respondent no. 2 is residing peacefully with petitioner no. 1 alongwith their minor child, aged about 1.5 years, at their matrimonial home for the last 05 months. 4.
Petitioners and complainant/respondent no. 2 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, SI Anju, P.S. Narela Industrial Area. 5.
The complainant/respondent No.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed. She further states she is residing peacefully with petitioner no. 1 alongwith their minor child, aged about 1.5 years, at their matrimonial home for the last 05 months.
6.
In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 7.
In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon‟ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- "61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."
8.
In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 211/2023, under Sections 498A/354/354B/376/377/34 of the IPC, registered at P.S. Narela Industrial Area and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Sh. Gaurav Katariya, learned Metropolitan Magistrate, Rohini Courts, Delhi. 9.
In the interest of justice, the petition is allowed, and the FIR No. 211/2023, under Sections 498A/354/354B/376/377/34 of the IPC, registered at P.S. Narela Industrial Area and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Sh. Gaurav Katariya, learned Metropolitan Magistrate, Rohini Courts, Delhi, is hereby quashed.
10.
Petition is allowed and disposed of accordingly. 11.
Pending application(s), if any, also stand disposed of. AMIT SHARMA, J APRIL 02, 2024/bsr 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.