W.P.(CRL)/2618/2024 of VINOD KUMAR & ORS. Vs THE STATE NCT OF DELHI AND ANR

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2618/2024

VINOD KUMAR & ORS.

.....Petitioners

Through: Ms. Jyoti Kasana, Mr. Dinesh Kumar Sharma, Mr. Vikas Saini, Mr. Jai Subhash Thakur, Advs. with petitioners. Sharma, Mr. Vikas Saini, Mr. Jai Subhash Thakur, Advs. with petitioners.

versus

THE STATE NCT OF DELHI AND ANR

.....Respondents

Through: Mr. Amol Sinha, ASC for State and SI Sandeep Chauhan, PS Prem Nagar. Mr. V. K. Chaturvedi, Adv. with R-2. SI Sandeep Chauhan, PS Prem Nagar. Mr. V. K. Chaturvedi, Adv. with R-2.

CORAM:HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R R% 28.08.2024

CRL.M.A. 25646/2024

1.Exemption allowed, subject to all just exceptions.

2.Application stands disposed of.

W.P.(CRL) 2618/2024

The present petition has been filed under Article 226 of the Constitution of India r/w Section 482 Cr.P.C. seeking quashing of FIR No. 503/2021 dated 24.07.2021 registered under Section 498A/406/506/34 IPC registered at PS Prem Nagar and all other proceedings emanating therefrom.

4.Learned Counsel for the petitioner submits that Respondent

no.2/complainant married petitioner no.1 on 11.05.2011 in accordance with the Hindu Rites and Ceremonies and one male child was born out of the said wedlock. However, on account of temperamental differences and mental incompatibility, the parties started living separately and instituted multiple litigations against each other and their respective families including the present FIR.

However, during the pendency of the proceedings, the parties have settled their disputes amicably with the help of friends and family. It is stated by respondent No.2, who is present in person, that now the parties have settled their disputes amicably and are now living together peacefully since 2023.

It is settled that the inherent powers under section 482 of the Code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash non- compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Supreme Court and this Court have repeatedly held that the cases arising out of matrimonial differences should be put to quietus if the parties have reached an amicable settlement. Reliance may be placed upon: B.S. Joshi v. State of Haryana, (2003) 4 SCC 675; K. Srinivas Rao v. D.A.Deepa,(2013) 5SCC 226; Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another, 2019 SCC OnLine Del 8179.

7.Guidelines laid down in Narinder Singh and Others vs. State of Punjab and Another, (2014) 6 SCC 466, envisage that in case of pre-existing familial or other personal relationships between the parties,

proceedings can be quashed to meet the ends of justice and prevent abuse of the process of Court

8.Both parties are present in court and have duly been identified by the IO. Respondent No. 2 submits that she has settled the dispute voluntarily without any fear, force, or coercion. Respondent No.2 also submits that she has also filed an affidavit wherein she has stated that she is now living with the petitioner No.1 and has no objection if the present case is withdrawn or quashed against the petitioners.

9.Taking into account the totality of facts and circumstances of the case, this court considers that the parties have amicably settled the matter out of their own free will, without any fear, force or coercion and they should be given an opportunity to lead their lives peacefully. No purpose will be served in continuing with the trial. this court considers that the parties have amicably settled the matter out of their own free will, without any fear, force or coercion and they should be given an opportunity to lead their lives peacefully. No purpose will be served in continuing with the trial.

10.In view of the above, FIR No. 503/2021 dated 24.07.2021 registered under Section 498A/406/506/34 IPC registered at PS Prem Nagar and all other proceedings emanating therefrom are quashed. under Section 498A/406/506/34 IPC registered at PS Prem Nagar and all other proceedings emanating therefrom are quashed.

11.The present petition along with all the pending applications stand disposed of. disposed of.

AUGUST 28, 2024/AR/KR..

DINESH KUMAR SHARMA, J