CRL.M.C./1081/2024 of SALEEM & ANR. Vs STATE OF NCT OF DELHI & ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 1081/2024 SALEEM & ANR. ..... Petitioners

Through: Mr.Pankaj Mann, Mr.Rishabh Goyal, Advs.

versus

STATE OF NCT OF DELHI & ANR.

..... Respondents Through: Mr.Deepak Rajwar, Adv. for R-2 along with R-2 in person. Mr.Shoaib Haider, APP with SI Arvind Kumar Saini.

CORAM:HON'BLE MR. JUSTICE NAVIN CHAWLAO R R% 09.02.2024CRL.M.A. 4280/2024 (exemption)

1.Allowed, subject to all just exceptions. CRL.M.C. 1081/2024

2.This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.’) seeking quashing of FIR No.0309/2019 registered at Police Station: Aman Vihar, Rohini, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 (in short, ‘IPC’), along with all other proceedings arising therefrom, on the basis of settlement.

3.Issue notice.

4.Notice is accepted by the learned APP for the State and learned counsel for respondent no.2.

5.The learned counsel for the petitioners submits that the FIR was an offshoot of the matrimonial discord between the parties. He submits that the parties have amicably settled their disputes and have entered into settlement vide Settlement Deed dated 05.02.2024.

6.The respondent no.2, who is present in Court and has been duly identified by the Investigating Officer (IO), affirms the settlement and states that she has settled all the disputes with the petitioners of her own free will and without any coercion. The respondent no.2 submits that she has no objection if the present FIR is quashed.

7.I have perused the contents of the FIR and also the settlement the between parties.

8.Keeping in view the above and considering the settlement between the parties and as the respondent no.2 does not wish to pursue her complaint any further, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as the chances of its success will be rather minuscule and it would rather create further acrimony between the parties and will be an unnecessary burden on the State exchequer.

9.Guided by the principles enunciated by the Supreme Court in its judgments in Jitendra Raghuvanshi v. Babita Raghuvanshi, (2013) 4 SCC 58; Gian Singh v. State of Punjab, (2012) 10 SCC 303; Parbatbhai Aahir @ Parbatbhai Bhimsinbhai Karmur & Ors. v. State of Gujarat & Ors. (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 3, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the FIR and all the

proceedings emanating therefrom.

10.Accordingly, the petition is allowed. FIR No.309/2019 registered at Police Station: Aman Vihar, under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.

11.The parties shall abide by the terms of the aforesaid settlement.

12.The petition is disposed of in the above terms.

FEBRUARY 9, 2024 RN

NAVIN CHAWLA, J

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