Vikram & ORS. v. State NCT Of Delhi And ANR. & ANR.
$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2756/2024 & CRL.M.A. 10515/2024 (delay in re-filing), CRL.M.A. 10514/2024 (Exemption) VIKRAM & ORS.
..... Petitioners Through:
Mr. Hans Raj Chauhan, Advocate alongwith petitioners in person (through VC).
versus STATE NCT OF DELHI AND ANR. & ANR.
..... Respondents Through:
Mr. Sunil Kumar Gautam, APP for the State.
SI Chetan, PS Swaroop Nagar.
R-2 through VC.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 05.04.2024 1.
The present writ petition under Section 482 of the Cr.P.C. seeks quashing of FIR No. 204/2022, under Sections 498A/406/34 of the IPC, registered at P.S. Swaroop Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Neha Mittal, learned Metropolitan Magistrate, Rohini Courts, Delhi. 2.
The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 09.03.2019 as per Hindu rites and customs and one male child was born out of the said wedlock. 3.
Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties started residing separately. Subsequently, respondent no.2/complainant lodged an FIR against the petitioners. 4.
Learned counsel for the petitioner submits that in pursuance of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Settlement Agreement dated 02.03.2023, parties arrived at a settlement before the Counselling Cell, Family Court, Dwarka, Delhi. It is further stated that the parties are living together, at their matrimonial home, since 20.03.2023, alongwith their minor son.
5.
Petitioners and complainant/respondent no. 2 are present before the Court through video conferencing and have been duly identified by the Investigating Officer, SI Chetan, PS Swaroop Nagar. 6.
The Complainant/respondent No.2 states that the matter has been settled and she is living with petitioner no. 1 since 20.03.2023 at their matrimonial home and she has no objection if the FIR is quashed against the petitioners.
7.
In view of the settlement between the parties, learned ASC for the State also has no objection if the present FIR is quashed. 8.
In Gian Singh v. State of Punjab (2012) 10 SCC 303, Hon'ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- "61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings."
9.
In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 204/2022, under Sections 498A/406/34 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
of the IPC, registered at P.S. Swaroop Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Neha Mittal, learned Metropolitan Magistrate, Rohini Courts, Delhi.
10.
In the interest of justice, the petition is allowed, and the FIR No. 204/2022, under Sections 498A/406/34 of the IPC, registered at P.S. Swaroop Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Neha Mittal, learned Metropolitan Magistrate, Rohini Courts, Delhi, is hereby quashed.
11.
Petition is allowed and disposed of accordingly. 12.
Pending application(s), if any, also stand disposed of. AMIT SHARMA, J APRIL 05, 2024/sn 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.