CRL.M.C./279/2024 of NAVEEN KUMAR & ORS. Vs STATE NCT OF DELHI & ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 279/2024 NAVEEN KUMAR & ORS. ..... Petitioners

..... Petitioners Through: Mr.Rohan Raj Singh, Mr.Pawan Gupta, Advs. Mr.Pawan Gupta, Advs.

versus

STATE NCT OF DELHI & ANR. Through: Through:

..... Respondents Mr.Shoaib Haider, APP SI Subham.

Mr.Aruvendra Singh, Adv.for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLAO R R12.01.2024

CRL.M.A. 1110/2024 (Exemption) & CRL.M.A. 1235/2024

1.Allowed, subject to all just exception. CRL.M.C. 279/2024

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.0070/2018 registered at Police Station: Jaffarpur Kalan, Dwarka, Delhi under Sections 406/498A/34 of the Indian Penal Code, 1860 (in short, ‘IPC’) along with all other proceedings arising therefrom.

3.The learned counsel for the petitioners submits that the FIR was an offshoot of the matrimonial discord between the parties. He submits that the marriage between the petitioner no.1 and the respondent no.2 has already been dissolved by the learned Family Court by mutual consent vide the decree of divorce dated 18.09.2019. He further submits that the parties entered into settlement on 15.07.2019.

4.The respondent no.2 is present in person and is duly identified by the IO, and re-affirms the above settlement. She submits that divorce has already taken place between her and the petitioner no.1.

5.The learned counsel for the petitioners has also handed over Demand Draft for an amount of Rs.2 lac to the respondent no.2.

6.In view of the above, and considering the Settlement between the parties, I find that there is no use in continuing with the proceedings of the present FIR as it would rather create further acrimony between the parties and will be misuse of the process of the Court and an unnecessary burden on the State exchequer.

7.Keeping in mind the facts of the present case and being guided by the principles enunciated by the Supreme Court in its judgments in Gian Singh v. State of Punjab, (2012) 10 SCC 303 and Jitendra Raghuvanshi v. Babita Raghuvanshi, (2013) 4 SCC 58, 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.

8.Accordingly, the petition is allowed. Consequently, the FIR No. FIR No.0070/2018 registered at Police Station: Jaffarpur Kalan, Delhi under Sections 406/498A/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed. 9.Parties shall abide by the terms of the aforesaid settlement.

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

NAVIN CHAWLA, J

JANUARY 12, 2024/Arya/RP

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