Jasvinder Singh And ANR v. The State Govt Of NCT Of Delhi And ANR

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3132/2024 JASVINDER SINGH AND ANR .....Petitioners Through:

Mr. Rajbir Bansal, Adv.

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

Mr. Sanjay Lao, Standing Counsel for the State with IO/SI Sunil, ASI Virender, PS Tilak Nagar Ms. Ritu Nagar, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 08.10.2024

1. The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No. 0502/2021 registered at PS Tilak Nagar, Delhi under Sections 498A/406/34 IPC.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 23.07.2017 in accordance with the Sikh Rites and Ceremonies and no child was born out of the said wedlock. However, on account of temperamental differences and mental incompatibility, the parties started living separately and instituted multiple litigations against each other and their respective families including the present FIR.

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3. Learned counsel for the petitioner submits that both the parties have settled the disputes between themselves and are now living together peacefully. The affidavit of the complaint has also been filed. The complainant submits that she has been residing voluntarily with the petitioner/husband since 01.02.2022. Both parties are present in court and have duly been identified by the IO.

4. It is settled that the inherent powers under section 482 of the Code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash noncompoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Supreme Court and this Court have repeatedly held that the cases arising out of matrimonial differences should be put to a quietus if the parties have reached an amicable settlement. Reliance may be placed upon: B.S. Joshi v. State of Haryana, (2003) 4 SCC 675; K. Srinivas Rao v. D.A.Deepa,(2013) 5SCC 226; Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another, 2019 SCC OnLine Del 8179.

5. Taking into account the totality of facts and circumstances of the case, this court considers that the parties have entered into an amicable settlement out of their own free will, without any fear, force or coercion and they should be given an opportunity to lead their lives peacefully. No purpose will be served in continuing with the trial.

6. In view of the above, FIR No. 0502/2021 registered at PS Tilak Nagar Delhi under Sections 498A/406/34 IPC and all the other proceedings emanating therefrom are quashed.

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7. The present petition along with all the pending applications stand disposed of.

DINESH KUMAR SHARMA, J OCTOBER 8, 2024 JN/DG..

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