Nitin Kumar & ORS. v. The State Govt. Of NCT Of Delhi And ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 9549/2024 NITIN KUMAR & ORS.
.....Petitioners Through:
Mr. Raj Kumar and Mr. Lareb Habib, Advs. with petitioner no. 1 & 2.
versus THE STATE GOVT. OF NCT OF DELHI AND ANR.
.....Respondents Through:
Mr. Sunil Kumar Gautam, APP for State with Insp. Dinesh Chandra, PS Khajuri Khas.
Mr.
Tanmay Nagar, Ms.
Shamli Verma and Ms. Nishika Chugh, Advs.
for R-2.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
O R D E R
% 05.12.2024 CRL.M.A. 36668/2024 1.
Exemption allowed, subject to all just exceptions. 2.
Application stands disposed of.
CRL.M.C. 9549/2024 3.
This is a petition filed under section 482 of Code of Criminal Procedure, 1973 seeking quashing of FIR No. 505/2019, dated 24.09.2019, registered at Police Station Khajuri Khas, New Delhi under Sections 498A/406/307/34 IPC, 1860 and all consequential proceedings emanating therefrom, if any.
4.
Briefly stating the facts are that the FIR No. 505/2019 came to be The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
registered on the complaint of daughter of respondent no. 2/wife of petitioner no. 1 wherein some differences arose between the complainant and petitioner no. 1 which led to the registration of the FIR. 5.
During the pendency of the proceedings, the parties have arrived at a settlement on 23.12.2019, before Delhi Mediation Centre, Karkardooma Courts, Delhi. As per the settlement, the petitioner no.1/husband had to pay a sum of Rs. 10 lakhs to the complainant towards full and final settlement of all her claims, however, the complainant expired in the year 2022 and is being represented by respondent No. 2 i.e. Mr. Jagdish Nagar (father of the complainant). There are two children born out of the wedlock, who are in the care and custody of the petitioner No.1.
6.
Petitioner no.1 has handed over a Demand Draft bearing No. 112256, dated 27.11.2024 drawn on Induslnd Bank, Noida Sector-51 for a sum of Rs 10 lakhs towards full and final settlement of all the claims of complainant (since deceased).
7.
The petitioners i.e. Mr. Nitin Kumar (petitioner no. 1) and Smt. Shakuntala Devi (petitioner no. 2) are present in Court and been identified by his counsel, namely, Mr. Raj Kumar, Adv and Investigating Officer Insp. Dinesh Chandra, PS Khajuri Khas.
8.
Respondent No. 2 i.e. Mr. Jagdish Nagar is also present in Court and has been identified by the Investigating Officer Insp. Dinesh Chandra, PS Khajuri Khas.
9.
Both the parties state that they have entered into the aforesaid settlement out of their own free will, volition and without any threat, force, undue influence or coercion.
10.
Since the parties have arrived at a settlement and no disputes are The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
pending, I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure the ends of justice. This court does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further. It is a fit case for quashing. In this view of the matter, there is no reason to continue the proceedings. 11.
For the reasons noted above, FIR No. 505/2019, dated 24.09.2019, registered at Police Station Khajuri Khas, New Delhi under Sections 498A/406/307/34 IPC, 1860 and all consequential proceedings emanating therefrom, if any are hereby quashed.
12.
The petition is disposed of accordingly.
JASMEET SINGH, J DECEMBER 5, 2024/akc 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.