Delhi High Court - Orders
Anuj Goel & Ors vs Govt Of Nct Delhi & Anr on 10 April, 2024
Author: Navin Chawla
Bench: Navin Chawla
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2882/2024
ANUJ GOEL & ORS. ..... Petitioners
Through: Mr.D.P. Chaturvedi, Adv.
versus
GOVT OF NCT DELHI & ANR. ..... Respondents
Through: Mr.Satinder Singh Bawa, APP
with SI Vikram Lamba, ASI
Harphool Singh and SI Pinki
Rana
Mr.Abhishek Sharma and
Ms.Poonam Gaur, Advs. for
R-2 along with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 10.04.2024
1. This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.'), seeking quashing of proceedings of CC No.5854/2021 titled State v. Anuj Goel & Ors. arising out of FIR No.861/2020 registered at Police Station: Sagarpur, New Delhi, under Sections 498A/406/34 of the Indian Penal Code, 1860 (in short, 'IPC') along with all other proceedings arising therefrom, based on a settlement.
2. Issue notice.
3. Notice is accepted by Mr.Satinder Singh Bawa, the learned APP, and by Mr.Abhishek Sharma, Advocate for the respondent no.2.
4. The learned counsel for the petitioners submits that the subject This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2024 at 23:19:22 FIR was an offshoot of the matrimonial discord between the parties, that is, the petitioner no.1 and the respondent no.2. He submits that the parties have amicably settled their inter se disputes before Counselling Cell, Patiala House Courts, New Delhi vide Settlement Deed dated 06.01.2024.
5. He submits that pursuant to the above settlement between the parties, the petitioner no.1 and respondent no.2 have obtained divorce by way of mutual consent from the learned Principal Judge, Family Courts, Patiala House Courts, New Delhi vide Decree of Divorce dated 11.03.2024.
6. The respondent no.2, who is present in person in Court and has been duly identified by the Investigating Officer (IO), reaffirms the abovementioned settlement and states that she has settled all the disputes with the petitioners out of her own free will and without any coercion. The respondent no.2 submits that she does not have any objection if the present FIR is quashed.
7. The petitioners have handed over a Demand Draft of Rs.3,00,000/- to the respondent no.2 in Court in terms of the settlement.
8. I have perused the contents of the FIR, Charge Sheet as also the settlement between the parties.
9. As the disputes between the parties arose out of a matrimonial relationship, and now the same have been amicably settled, a Decree of Divorce has also been passed by the learned Family Court pursuant to the settlement, and also looking into the nature of the allegations made in the complaint, in my opinion, no useful purpose would be This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2024 at 23:19:22 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.
10. 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; and, State of Haryana & Ors. v. Bhajan Lal & Ors., 1992 Supp (1) SCC 335, 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.
11. Accordingly, the petition is allowed. Proceedings of CC No.5854/2021 titled State v. Anuj Goel & Ors. arising out of FIR No.861/2020 registered at Police Station: Sagarpur, New Delhi, under Sections 498A/406/34 of the IPC, along with the FIR and all the consequential proceedings emanating therefrom against the petitioners are quashed.
NAVIN CHAWLA, J APRIL 10, 2024/ns/am Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2024 at 23:19:22