CRL.M.C./836/2024 of NAVEEN SHARMA AND ANR Vs STATE OF NCT OF DELHI AND ANR.
Parties
- + CRL.M.C. 836/2024 NAVEEN SHARMA AND ANR (PETITIONER)
- STATE OF NCT OF DELHI AND ANR (RESPONDENT)
Cites (1 resolved of 7 detected)
- WRIT PETITION 732 of 2016 (2025)
Statutes cited (3)
Full text
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IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 836/2024 NAVEEN SHARMA AND ANR ..... Petitioners Through: Mr.Vinay K. Dhingra, Adv. versus NAVEEN SHARMA AND ANR ..... Petitioners Through: Mr.Vinay K. Dhingra, Adv. versus
STATE OF NCT OF DELHI AND ANR. ..... Respondents Through: Mr.Shoaib Haider, APP with SI Vipin Shokeen. Through: Mr.Shoaib Haider, APP with SI Vipin Shokeen.
Mr.Aditya Oberoi, Adv. for R-2 with R-2 (VC). with R-2 (VC).
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R R% 02.02.2024
CRL.M.A. 3356/2024 (Exemption)
1.Allowed, subject to all just exceptions. CRL.M.C. 836/2024 & CRL.M.A. 3357/2024 CRL.M.C. 836/2024 & CRL.M.A. 3357/2024
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. 0121/2015 registered at Police Station: Ashok Vihar, North-West District, Delhi under Sections 498A/406/506/34 of the Indian Penal Code, 1860 (in short, ‘IPC’) along with all other proceedings arising therefrom.
3.Issue notice. 4.Notice is accepted by the learned APP for the State and learned counsel for the respondent no.2.
5.The learned counsel for the petitioners submits that the parties have amicably settled their inter se disputes and have entered into settlement vide Settlement Agreement/Compromise dated 07.02.2019, based thereon the divorce has taken place between the petitioner no.1
and the respondent no.2 vide Decree of Divorce dated 16.01.2020.
6.The respondent no.2, who appears virtually and is duly identified by the learned counsels for the parties, does not oppose the present petition and reiterates that the dispute has been amicably settled.
7.The petitioners, who are present in Court, also undertake that the settlement arrived at between the petitioner no.1 and the respondent no.2 shall not in any manner prejudice the rights of the child in the estate of the petitioners.
8. I have perused the contents of the FIR and also the settlement between the parties.
9.Guided by the principles enunciated by the Supreme Court in its judgments in 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 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.
10.Accordingly, the petition is allowed. FIR No. 0121/2015 registered at Police Station: Ashok Vihar, North-West District, Delhi under Sections 498A/406/506/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed.
11. The petition is disposed of in the above terms.
NAVIN CHAWLA, J
FEBRUARY 2, 2024/Arya/RP
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