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High Court of DelhiCRL.M.C./103/2024

Rudra Sen v. State & ANR.

2024-01-05Hon'Ble Mr. Justice Navin Chawla2 pages

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 103/2024 RUDRA SEN ..... Petitioner Through:

Mr.Manjeet Godara, Ms.Ruupali Panwar, Advs.

versus STATE & ANR.

..... Respondents Through:

Mr.Shoaib Haider, APP alongwith W/SI Shiksha, PS Bindapur.

SI Kunal, PS Dwarka.

Mr.Deepak Godara, Adv. for R2 alongwith R-2 in person

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 05.01.2024 CRL.M.A. 405/2024 (Exemption) 1.

Allowed subject to all just exceptions.

CRL.M.C. 103/2024 2.

This petition has been filed under Section 482 of the Code of Criminal Procedure,1973 seeking quashing of the FIR No. 0262/2020, registered at Police Station: Sector 23 Dwarka, Delhi under Section 498A of Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom on the ground that the parties have arrived at a settlement.

3.

Issue notice. The learned APP for the State accepts notice. 4.

The respondent no.2, who is present in person and has been duly identified by the IO, affirms the settlement. She submits that The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/05/2024 at 14:25:17

divorce has already taken place between the parties. 5.

Considering the above settlement between the parties and in light of the judgements of the Supreme Court in Gian Singh v. State of Punjab & Anr., (2012) 10 SCC 303 and Jitendra Raghuvanshi v. Babita Raghuvanshi, (2013) 4 SCC 58, I find that there is no use in continuing with the proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer.

6.

Accordingly, the petition is allowed. Consequently, the FIR No. 0262/2020, registered with Police Station: Sector 23 Dwarka, Delhi under Section 498A of the IPC and all consequential proceedings emanating therefrom against the petitioner are quashed. 7.

Parties shall abide by the terms of settlement. 8.

The petition is disposed of in the above terms. NAVIN CHAWLA, J JANUARY 5, 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. The Order is downloaded from the DHC Server on 07/05/2024 at 14:25:17