Rahul & ORS. v. Govt. Of NCT Of Delhi & ANR.

$~60 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RAHUL & ORS.

.....Petitioners Through:

Mr. H.L. Dagar, Advocate.

Petitioners in-person.

versus GOVT. OF NCT OF DELHI & ANR.

.....Respondents Through:

Ms. Shubhi Gupta, APP for the State with SI Akash Kumar, P.S.:

Bhajanpura.

Mr. Vikas Hooda, Advocate for R2.

R2 in-person.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 23.08.2024 CRL.M.A. 25247/2024 Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed-of.

CRL. M.C. 6612/2024 By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioners, who are the husband and in-laws of the complainant/respondent No. 2, seek quashing of case FIR No. 0448/2017 dated 12.08.2017 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Bhajan Pura, Delhi ('subject FIR').

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

2.

The petition is premised on Settlement Deed dated 16.02.2018 arrived at through counseling before the Counsellor, Saket Court Complex, New Delhi, whereby the petitioners and respondent No.2 have resolved their disputes amicably.

3.

The petition is also supported by affidavits of the petitioners, as also of respondent No. 2, alongwith proofs of their I.D.s. 4.

The petitioners as well as respondent No. 2 are present in court. Their credentials have been verified and they have also been identified by their respective counsel.

5.

The court has interacted with the parties. They confirm that they have resolved all their disputes amicably and in view of the settlement, respondent No.2 has re-joined the company of petitioner No. 1 and they are stated to have been living together since 2018, alongwith their daughter. Parties now wish to live in peace and harmony going forward.

6.

Ms. Shubhi Gupta, learned APP confirms that the State has no objection to the subject FIR being quashed.

7.

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

8.

Accordingly, FIR No. 0448/2017 dated 12.08.2017 registered under sections 498-A/406/34 IPC at P.S.: Bhajan Pura, Delhi is quashed. All proceedings arising therefrom also stand closed. 9.

Petition stands disposed-of.

10. Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J AUGUST 23, 2024 ds The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.