Sh. Peeyush Gaur & ANR. v. The State NCT Of Delhi And ANR.

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 121/2024 SH. PEEYUSH GAUR & ANR.

..... Petitioners Through:

Mr.Karan Kakkar, Adv. along with the petitioners.

versus THE STATE NCT OF DELHI AND ANR.

..... Respondents Through:

Mr.Shoaib Haider, APP.

ASI Om Prakash, PS Sarai Rohilla.

Mr.Avnish Sharma, Adv. for R2 along with respondent no.2.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 08.01.2024 CRL.M.A. 514/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

CRL.M.C. 121/2024 2.

This petition has been filed seeking quashing of the FIR no.483/2020 registered with Police Station: Sarai Rohilla, under Sections 498A/406/494/34 of the Indian Penal Code, 1860 (in short, 'IPC'), on the basis of a settlement arrived at between the parties. 3.

The petition is premised on the fact that the petitioners have duly settled their dispute with the respondent no.2, the complainant, who was the wife of petitioner no.1. It is stated that pursuant to the settlement deed dated 08.05.2023, entered into by the parties, the 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 14:26:04

petitioner no.1 and the respondent no.2 have already been granted divorce by mutual consent, vide order dated 04.10.2023 in HMA no.1591/2023.

4.

The respondent no.2 is present in person. She has been identified by the IO - ASI Om Prakash. She admits to the settlement having been arrived at between the parties and states that she has received full and final amount as per the settlement deed and affirms the contents of the same. She states that, therefore, she does not wish to pursue her complaint any further.

5.

Since the FIR has arisen out of matrimonial dispute, which has now been amicably resolved, in light of the principles laid down by the Supreme Court in its judgments in Gian Singh v. State of Punjab, (2012) 10 SCC 303 and Jitendra Raghuvanshi v. Babita Raghuvanshi, (2013) 4 SCC 58, I find that no useful purpose would be served in prolonging the criminal case.

6.

The petition is accordingly allowed and the FIR no.483/2020 registered with Police Station: Sarai Rohilla, under Sections 498A/406/494/34 of the IPC and all the proceedings emanating therefrom are quashed.

7.

The petition is disposed of in the above terms. 8.

There shall be no orders as to costs.

NAVIN CHAWLA, J JANUARY 8, 2024/rv/am 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 14:26:04