Rahul & ORS. v. The State Of NCT Of Delhi & ANR.

$~52 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 7206/2024 RAHUL & ORS.

.....Petitioners Through:

Ms. Shalini Sharma, Advocate.

versus THE STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Ms. Shubhi Gupta, APP for the State with ASI Shiv Kumar, P.S.Pul Prahladpur.

Ms. Shilpa, Advocate for R2.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 11.09.2024 CRL.M.A. 27519/2024 (exemption) Exemption granted, subject to just exceptions. The application stands disposed-of.

CRL.M.C. 7206/2024 By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973, the petitioners, who are the husband and in-laws of the complainant/respondent No. 2, seek quashing of case FIR No. 127/2024 dated 27.03.2024 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Pul Prahlad Pur, Delhi.

2.

The petition is premised on Mediated Settlement dated 24.05.2024 arrived at through mediation before the Mediation Centre, Saket Courts, New Delhi.

3.

The petition is supported by affidavits of the petitioners as also of respondent No. 2, alongwith proof of their I.D.s. CRL.M.C. 7206/2024 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 30/09/2024 at 11:54:03

4.

The petitioner 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 respondent No.2, who confirms that she has resolved her disputes with the petitioners; that a mediated settlement has been entered into between the parties; and that she has been co-habiting with petitioner No.1 since 26.05.2024 alongwith their child.

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. 8.

Accordingly, FIR No. 127/2024 dated 27.03.2024 registered under sections 498-A/406/34 IPC at P.S.: Pul Prahlad Pur, 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 SEPTEMBER 11, 2024/V.Rawat CRL.M.C. 7206/2024 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 30/09/2024 at 11:54:03