Sindhu Rana And ORS v. The State Govt Of NCT Of Delhi And ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ SINDHU RANA AND ORS .....Petitioners Through:

Mr. Dayanand Sharma, Advocate.

versus THE STATE GOVT OF NCT OF DELHI AND ANR.....Respondents Through:

Ms. Shubhi Gupta, APP for the State with SI Ranjan, P.S. Badarpur. .

Mr. Shailendra Singh, Advocate for R2.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 02.09.2024 CRL.M.A. 26193/2024 (exemption) CRL.M.A. 26194/2024 (exemption) Exemptions granted, subject to just exceptions. The applications stand disposed-of.

CRL. M.C. 6853/2024 By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973 ('Cr.P.C.'), the petitioners, who are the husband and in-laws of the complainant/respondent No.2, seek quashing of case FIR No.99/2021 dated 01.04.2021 registered under sections 498/406/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Mohan Garden, New Delhi.

2.

Though the present petition has been filed under the provisions of the Cr.P.C., in the opinion of this court, on a plain but meaningful reading of section 531(2)(a) of the Bharatiya Nagarik Suraksha Sanhita 2023 ('BNSS'), proceedings are to be "disposed of, continued, held or The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

made" in accordance with the Cr.P.C. only in cases where such proceedings, viz.

"any appeal, application, trial, inquiry or investigation", were already pending immediately before the date on which the BNSS came into force, i.e., 01.07.2024. It appears therefore, that while inserting the repeal and savings provision in section 531 of the BNSS, the intention of Parliament was to not disrupt on-going proceedings; and to therefore not change the governing law during the pendency of such proceedings. 3.

Since the present petition is a fresh proceeding and has been filed after 01.07.2024, in the opinion of this court, the present petition ought to have been filed under the BNSS. Be that as it may, in order to obviate any unnecessary delay, the present petition is treated as one under section 528 of the BNSS.

4.

The petition is also supported by affidavits of the petitioners, as also of respondent No. 2, alongwith proof of their I.D.s. 5.

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.

6.

The court has interacted with respondent No.2. She confirms that she has resolved all her disputes with the petitioners; and that she has been co-habiting with petitioner No.1 since 27.02.2024. 7.

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

8.

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

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. 9.

Accordingly, FIR No.99/2021 dated 01.04.2021 registered under sections 498/406/34 of the IPC at P.S.: Mohan Garden, New Delhi is quashed. All proceedings arising therefrom also stand closed. 10.

Petition stands disposed-of.

11.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J SEPTEMBER 2, 2024 V.Rawat The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.