CRL.M.C./7881/2024 of TARUN GUPTA & ORS. Vs STATE GOVT. OF NCT OF DELHI AND ANR

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 7881/2024, CRL.M.A. 30067/2024

TARUN GUPTA & ORS.

.....Petitioners

Through: Mr. Akash Agarwal, Adv. with petitioners. petitioners.

versus

STATE GOVT. OF NCT OF DELHI AND ANR .....Respondent Through: Ms. Kiran Bairwa, APP for State and SI Sanjay Kumar, PS Rajouri Garden. Through: Ms. Kiran Bairwa, APP for State and SI Sanjay Kumar, PS Rajouri Garden.

CORAM:HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R R% 07.10.2024

CRL.M.A. 30066/2024

1.Exemption allowed, subject to all just exceptions. 2.Application stands disposed of. 2.Application stands disposed of.

CRL.M.C. 7881/2024

3.The present petition has been filed under Section 482 Cr.P.C. seeking quashing of case FIR No. 414/2016 dated 11.03.2016 under Section 354D/506/509/34 IPC registered at PS Rajouri Garden, Delhi and all other proceedings emanating therefrom.

4.Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 28.04.2007 in accordance with the Hindu Rites and Ceremonies and one female child namely Binal Gupta and one male child namely Harsh Gupta were born out of no.2/complainant married petitioner no.1 on 28.04.2007 in accordance with the Hindu Rites and Ceremonies and one female child namely Binal Gupta and one male child namely Harsh Gupta were 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.

Learned Counsel further submits that with the intervention of family members, friend and well-wishers, petitioner No.1 and respondent No.2 settled all their disputes and are now residing together.

Furthermore, the Learned Counsel for the petitioners submits that since the parties have resolved all their differences amicably, therefore, it would be in the interest of justice to quash FIR No. 414/2016 dated 11.03.2016 under Section 354D/506/509/34 IPC registered at PS Rajouri Garden, Delhi and all the other proceedings emanating therefrom.

7.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. 8.Both parties are present in court and have duly been identified by the IO. Respondent No. 2 submits that she has entered the settlement

voluntarily without any fear, force, or coercion. She submits that other petitions have already been withdrawn or dismissed. And she has no objection if FIR No. 414/2016 dated 11.03.2016 under Section 354D/506/509/34 IPC registered at PS Rajouri Garden, Delhi and all the other proceedings emanating therefrom are quashed.

9.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.

10.In view of the above, FIR No. 414/2016 dated 11.03.2016 under Section 354D/506/509/34 IPC registered at PS Rajouri Garden, Delhi and all the other proceedings emanating therefrom are quashed. Section 354D/506/509/34 IPC registered at PS Rajouri Garden, Delhi and all the other proceedings emanating therefrom are quashed.

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

OCTOBER 7, 2024/AR/NA..

DINESH KUMAR SHARMA, J