Radha Kishan & ORS. v. The State NCT Of Delhi & ANR.

$~46 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 13/2025 RADHA KISHAN & ORS.

.....Petitioners Through:

Mr. Moin Akhtar, Mr. Gaurav Ranjan, Ads.

Versus

THE STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Sunil Kumar Gautam, APP with SI Arvind, PS Gokulpuri Mr. Mohsin Khan, Adv.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 07.01.2025 CRL.M.A. 82/2025 Exemption allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 13/2025 1.

This is a petition seeking quashing of FIR No. 239/2015 dated 14.03.2015 under section 498A/406/34 of IPC registered at PS Gokulpuri. 2.

The parties have arrived at a settlement before Family court, North East District, Karkardooma, wherein the respondent No. 2 has agreed to settle all the disputes for a sum of Rs. 3 lakhs. 3.

It is stated that Rs. 2 lakhs has already been paid and Rs. 1 lakh is paid today vide DD No. 985873 dated 26.11.2024 drawn on State Bank of India.

4.

The petitioner is present in Court and is identified by Mr. Moin Akhtar, Adv. Respondent No. 2 is also present and is identified by IO Arvind Verma, PS Gokulpuri.

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 23/01/2025 at 17:33:56

5.

It is stated by respondent No. 2 that she has no objection to the quashing of the FIR.

6.

There are 3 children born from the wedlock, out of which 2 are adults and 1 is a minor who is in the care and custody of respondent No. 2. 7.

Parties state that they have arrived at the settlement out of their own free will without any threat, pressure, coercion or undue influence. 8.

It is directed that in view of the judgment Ganesh v. Sudhir Kumar Shrivastava [(2020) 20 SCC 787], the settlement executed between the petitioners and respondent No. 2, and this order shall have no effect on the rights of child of the parties, who shall be free to avail all legal rights and remedies towards inheritance, maintenance, education, marriage expenses etc. against either of her parents.

9.

I am of the opinion that no useful purpose would be served in prosecuting the FIR any further on the ground that the parties have arrived at a voluntary settlement and settled their disputes. 10.

I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice. The Court does not see any fruitful purpose if criminal proceedings as permitted to continue any further. It is a fit case for quashing. In this view of the matter, there is no reason to continue the proceedings. 11.

In this view of the matter, FIR No. 239/2015 dated 14.03.2015 under section 498A/406/34 of IPC registered at PS Gokulpuri and consequential proceedings arising therefrom are hereby quashed. 12.

The petition is disposed of.

JASMEET SINGH, J JANUARY 7, 2025/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 23/01/2025 at 17:33:56