CRL.M.C./2414/2024 of ROHIT KUMAR ARVIND & ORS. Vs THE STATE (GOVT. OF N.C.T. OF DELHI & ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2414/2024 ROHIT KUMAR ARVIND & ORS.

..... Petitioners Through: Mr.Mayank Sharma, Adv.

versus

THE STATE (GOVT. OF N.C.T. OF DELHI & ANR.

..... Respondents Through: Mr. Shoaib Haider, APP with SI Shweta, PS Tilak Nagar Ms.Sanjana Mehrotra, Adv. for R-2 along with R-2 in person.

CORAM:HON'BLE MR. JUSTICE NAVIN CHAWLAHON'BLE MR. JUSTICE NAVIN CHAWLA

O R R% 22.03.2024

CRL.M.A. 9240/2024 (Exemption)

1.Allowed, subject to all just exceptions.

CRL.M.C. 2414/2024

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.227/2023 registered at Police Station: Tilak Nagar, Delhi under Sections 498A/406/377/354/34 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 Mr. Shoaib Haider, learned APP for State

and by Ms.Sanjana Mehrotra, learned counsel for the respondent no.2. 5.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.

6.The learned counsel for the petitioners submits that the parties, have amicably settled all their inter se disputes and have executed Settlement vide Memorandum of Understanding dated 02.02.2024.

7.Pursuant to the above settlement, the parties have also obtained Decree of Divorce dated 29.02.2024 from the learned Family Court, West, Tis Hazari Courts, Delhi, by which the parties have decided to part their ways by mutual consent.

8.The learned counsel for the petitioners has handed over demand draft of Rs.4 lacs to the respondent no.2, who is present in person and has been duly identified by the Investigating Officer (IO).

9.The respondent no.2 affirms 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.

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

11.As the disputes between the parties arose out of matrimonial relationship, and now the same have been amicably settled, Decree of Divorce has also been obtained by the parties pursuant to the settlement, and also looking into the nature of the allegations made in the complaint, in my opinion, no useful purpose would be served in keeping the FIR alive. In fact, it would rather create further acrimony

between the parties and will be an unnecessary burden on the State exchequer.

12.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.

13.Accordingly, the petition is allowed. FIR No.227/2023 registered at Police Station: Tilak Nagar, Delhi under Sections 498A/406/377/354/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed.

MARCH 22, 2024/ns/am

NAVIN CHAWLA, J

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