CRL.M.C./5616/2022 of GURMEL SINGH Vs STATE (NCT OF DELHI) AND ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 5616/2022 GURMEL SINGH

..... Petitioner Through: Mr.Aman Mudgal, Adv. (through VC) along with petitioner present in person.

versus

STATE (NCT OF DELHI) AND ANR.

..... Respondents Through: Ms.Priyanka Dalal, APP. SI Tilak Raj, PS Ranhola. Respondent no.2 present in person.

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

05.03.2024

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.0179/2019 registered at Police Station: Ranhola, Outer-District, Delhi, under Sections 451/354/506 of the Indian Penal Code, 1860 (in short, ‘IPC’), along with all other proceedings arising therefrom, on the basis of settlement.

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

3.The learned counsel for the petitioner submits that the parties have amicably settled all their inter se disputes and have entered into settlement vide Settlement Deed dated 16.09.2022.

4.The respondent no.2, who is present in person in court and has been duly identified by the Investigating Officer (IO), affirms that she has settled all the disputes with the petitioner 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.I have perused the contents of the FIR, Charge-Sheet and also the settlement between the parties.

6.As the disputes between the parties arose out of matrimonial relationship, and now the same have been amicably settled and the petitioner and the respondent no.2 are residing together happily, 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. The continuation of the proceedings would rather act as hindrance in the happy married life of the parties.

7.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; State of Haryana & Ors. v. Bhajan Lal & Ors., 1992 Supp (1) SCC 335; and, Kapil Gupta v. State (NCT of Delhi), 2022 SCC OnLine SC 1030, 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. FIR No.0179/2019 registered at Police Station: Ranhola, Outer-District, Delhi under Sections 451/354/506 of the IPC and all consequential proceedings emanating therefrom against the petitioner are quashed.

MARCH 5, 2024/rv/ss

NAVIN CHAWLA, J

Click here to check corrigendum, if any