CRL.M.C./1583/2024 of NAVDEEP SHARMA & ORS. Vs THE STATE (NCT OF DELHI) & ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1583/2024

NAVDEEP SHARMA & ORS.

..... Petitioners

Through: Ms.Gaganpreet Chawla, Mr.Aditya Goswami and Mr.Vinay Pathak, Advs.

versus

THE STATE (NCT OF DELHI) & ANR.

..... Respondents Through: Mr.Satinder Singh Bawa, APP with SI Anil Kumar

Mr.Surender Singh Sekhawat, Adv. for R-2 along with R-2 in person.

CORAM:HON'BLE MR. JUSTICE NAVIN CHAWLAO R R

27.02.2024

1.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. 0309/2022 registered at Police Station: Vijay 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.

2.Issue notice.

3.Notice is accepted by Mr.Satinder Singh Bawa, learned APP on behalf of the State and Mr.Surender Singh Sekhawat, learned counsel for the respondent no.2.

4.The learned counsel for the petitioners submits that the subject FIR was an offshoot of the matrimonial discord between the parties, that is, the petitioner no. 1 and the respondent no. 2.

5.The learned counsel for the petitioners submits that the parties, that is, the petitioner no.1 and the respondent no.2 have now amicably settled their inter se disputes before Delhi Mediation Centre, Rohini District Courts, Delhi vide Settlement/Agreement dated 25.03.2023, and they have been granted divorce by the learned Judge, Family Court, North West District, Rohini, Delhi on 18.10.2023.

6.The learned counsel for the petitioners has handed over demand draft for sum of Rs.1.25 lacs to the respondent no.2. Respondent no.2, who is personally present in Court and has been duly identified by the Investigating Officer (IO), reaffirms the settlement and states that she has settled all the disputes with the petitioners out 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 between the parties.

8.As the disputes between the parties arose out of matrimonial relationship, and now the same have been amicably settled between the petitioners and respondent no.2 pursuant to the settlement, and also looking into the nature of the allegations made in the complaint, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as 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 335, 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. 0309/2022 registered at Police Station: Vijay Vihar, Rohini, Delhi under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed.

FEBRUARY 27, 2024/ns/am

NAVIN CHAWLA, J

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