CRL.M.C./103/2024 of RUDRA SEN Vs STATE & ANR.
Parties
- + CRL.M.C. 103/2024 RUDRA SEN (PETITIONER)
- STATE & ANR (RESPONDENT)
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IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 103/2024 RUDRA SEN ..... Petitioner Through: Mr.Manjeet Godara, Ms.Ruupali Panwar, Advs. RUDRA SEN ..... Petitioner Through: Mr.Manjeet Godara, Ms.Ruupali Panwar, Advs.
versus
STATE & ANR.
..... Respondents Through: Mr.Shoaib Haider, APP alongwith W/SI Shiksha, PS Bindapur. SI Kunal, PS Dwarka. Mr.Deepak Godara, Adv. for R-2 alongwith R-2 in person alongwith W/SI Shiksha, PS Bindapur. SI Kunal, PS Dwarka. Mr.Deepak Godara, Adv. for R-2 alongwith R-2 in person
CORAM:HON'BLE MR. JUSTICE NAVIN CHAWLA
O R R% 05.01.2024
CRL.M.A. 405/2024 (Exemption)
1.Allowed subject to all just exceptions. CRL.M.C. 103/2024
2.This petition has been filed under Section 482 of the Code of Criminal Procedure,1973 seeking quashing of the FIR No. 0262/2020, registered at Police Station: Sector 23 Dwarka, Delhi under Section 498A of Indian Penal Code, 1860 (in short, ‘IPC’), along with all other proceedings arising therefrom on the ground that the parties have arrived at settlement.
3.Issue notice. The learned APP for the State accepts notice.
4.The respondent no.2, who is present in person and has been duly identified by the IO, affirms the settlement. She submits that
divorce has already taken place between the parties.
5.Considering the above settlement between the parties and in light of the judgements of the Supreme Court in Gian Singh v. State of Punjab & Anr., (2012) 10 SCC 303 and Jitendra Raghuvanshi v. Babita Raghuvanshi, (2013) 4 SCC 58, I find that there is no use in continuing with the proceedings of the present FIR as it would be misuse of the process of the Court and an unnecessary burden on the State exchequer.
6.Accordingly, the petition is allowed. Consequently, the FIR No. 0262/2020, registered with Police Station: Sector 23 Dwarka, Delhi under Section 498A of the IPC and all consequential proceedings emanating therefrom against the petitioner are quashed.
7.Parties shall abide by the terms of settlement.
8.The petition is disposed of in the above terms.
NAVIN CHAWLA, J
JANUARY 5, 2024/Arya/RP
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