CRL.M.C./7690/2024 of PREM WATI & ANR. Vs STATE OF NCT OF DELHI & ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 7690/2024

PREM WATI & ANR.

.....Petitioners

Through: Petitioners in person.

versus

STATE OF NCT OF DELHI & ANR.

.....Respondents

Through: Ms. Kiran Bairwa, APP for State and SI Amit Ahlawat, PS Narela. R-2 in person.

CORAM:HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R R% 27.09.2024

CRL.M.A. 29339/2024

Exemption allowed, subject to all just exceptions.

Application stands disposed of.

CRL.M.C. 7690/2024

1.The present petition has been filed under Section 528 BNSS seeking quashing of FIR No. 467/2016 dated 21.06.2016 under Section 498A/406/34 IPC registered at PS Narela, Delhi and all other proceedings emanating therefrom.

2.Learned counsel submits that the husband of the complainant Krishan Kumar and father-in-law Jela Ram have already expired. Kumar and father-in-law Jela Ram have already expired.

3.Issue notice. Learned APP for the State has accepted the notice.

4.The petitioners and respondents are residing in Delhi for last many

years and due to various differences, disputes and issues arose between the petitioners and respondent no.2 resulting into the registration of the present FIR. However, with the intervention and conciliation between the parties, the petitioners, his family members and the respondent no.2 have entered/executed Memorandum of Settlement dated 15.09.2024.Respondent No.2 is present in the court today and states that she has settled the matter with the petitioner without any fear, force or coercion and in the changed circumstances she does not wish to pursue the present petition. I.O. has identified all the parties who are present in court today. It is also pertinent to mention that the husband of respondent No.2 has already expired.

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. Taking into account the totality of facts and circumstances of the case, this court considers that the parties have entered into an amicable settlement 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.

8.In view of the above, FIR No. 467/2016 dated 21.06.2016 registered under Section 498A/406/34 IPC registered at PS Narela, Delhi and all the other proceedings emanating therefrom are quashed. under Section 498A/406/34 IPC registered at PS Narela, Delhi and all the other proceedings emanating therefrom are quashed.

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

SEPTEMBER 27, 2024/AR/HT..

DINESH KUMAR SHARMA, J