CRL.M.C./526/2024 of NIRVESH SAGAR & ORS. Vs THE STATE & ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 526/2024 NIRVESH SAGAR & ORS. ..... Petitioners NIRVESH SAGAR & ORS. ..... Petitioners

..... Petitioners Through: Mr.Kishore and Mr.Harpreet Singh, Advs. Singh, Advs.

versus

THE STATE & ANR.

..... Respondents Through: Ms.Nandita Rao, ASC (Crl) with SI Sanjeet. Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R R% 23.01.2024

CRL.M.A. 2090/2024 (Exemption)

1.Allowed, subject to all just exception. CRL.M.C. 526/2024

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.69/2018 registered at Police Station: Nihal Vihar, West, New Delhi under Section 498A/406/34 of the Indian Penal Code, 1860 (in short, ‘IPC’) along with all other proceedings arising therefrom.

3.The parties have amicably settled the disputes and the parties are living together.

4.The respondent no.2 is present in person has been duly identified by the Investigating Officer (IO). The respondent no.2 affirms 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

5.In view of the above and considering the Settlement between the parties, 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 misuse of the process of the Court and an unnecessary burden on the State exchequer. Keeping in mind the facts of the present case and being guided by the principles enunciated by the Supreme Court in its judgments in Kapil Gupta v. State (NCT of Delhi), 2022 SCC OnLine SC 1030, Gian Singh v. State of Punjab, (2012) 10 SCC 303; Parbathai Aahir @ Parbatbhai Bimsinh Karmur & Ors. v. State of Gujarat & Ors. and (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.

6.Accordingly, the petition is allowed. Consequently, the FIR No.69/2018 registered at Police Station: Nihal Vihar, West New Delhi under Section 498A/406/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed.

7.Parties are bound by the terms of the settlement.

8.The petition is allowed in the above terms.

NAVIN CHAWLA, J

JANUARY 23, 2024/Arya/RP

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