Ravinder & ORS. v. State Of NCT Delhi & ANR.

$~109 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 8797/2024 RAVINDER & ORS.

.....Petitioners Through:

Mr. Harry Chhibber, Adv.

versus STATE OF NCT DELHI & ANR.

.....Respondents Through:

Ms. Manika Bhandari, Adv.

Ms. Shubhi Gupta, APP with SI Raghubir Prasad, PS Khyala

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 11.11.2024 CRL.M.A. 33649/2024 1.

Exemption allowed, subject to all just exceptions. 2.

The application is disposed of.

CRL.M.C. 8797/2024 3.

This is a petition filed under section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No. 434/2019 under section 498A/406/34 IPC registered at PS Khyala. 4.

After registration of the present FIR, chargesheet has been filed and during the proceedings, parties have arrived at a settlement before the Counselling Cell, Family Court on 12.04.2023. Pursuant to the settlement, a sum of Rs. 5 lakhs was to be given to the respondent No. 2/complainant and parties were to get a decree of divorce.

5.

I am informed that the same has already been done. 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 14/11/2024 at 11:48:38

6.

All the petitioners are present and identified by Mr. Harry Chibber, Adv. Respondent No. 2/complainant is present in Court and is identified by Ms. Manika Bhandari, Adv. and SI Raghubir Prasad, PS Khyala. 7.

There are two minor children who are in the care and custody of the father.

8.

As per the judgment of the Hon'ble Supreme Court in 'Ganesh vs. Sudhirkumar Srivastava' [(2020) 20 SCC 787], the settlement and this order shall not affect the rights of the minor child in claiming the rights of maintenance, inheritance, education, marriage etc. against either of the parties.

9.

I am satisfied that the matter has been settled and the settlement is lawful. Since the parties have arrived at a settlement and no disputes are pending, I am convinced that quashing of the present FIR and the chargesheet filed thereafter would bring peace and secure ends of justice. 10.

In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed.

11.

With these observations, the present petition is disposed of. JASMEET SINGH, J NOVEMBER 11, 2024/DM 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 14/11/2024 at 11:48:38