Delhi High Court - Orders
Sh. Abhishek Jain & Ors vs State (Govt Of Nct) Delhi And Anr on 16 January, 2023
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~62
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 239/2023 & CRL.M.A. 1002/2023
SH. ABHISHEK JAIN & ORS. ..... Petitioners
Through: Mr. Ninad Dogra, Advocate
alongwith petitioners
versus
STATE (GOVT OF NCT) DELHI AND ANR. ..... Respondents
Through: Ms. Richa Dhawan, APP for the State
Mr. Prashant Mendiratta, Ms. Poonam
Mendiratta, Mr. B. Venkatraman, Mr.
Arjun Madan and Ms. Aditi
Chaudhary, Advocates for
Respondent nos. 2 and 3
Respondent no.2 represented by
respondent no.3 through SPA
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 16.01.2023 CRL.M.A. 1001/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CRL.M.A. 1002/2023 (delay of 57 days)
3. By this application under Section 5 of Limitation Act read with Section 482 CrPC, the appellant seeks condonation of delay of 57 days in re- filing the present petition. In view of the reasons stated in the application, the delay of 57 days in re-filing the present petition stands condoned.
4. Application stands disposed of.
Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:21.01.2023 12:38:06 CRL.M.C. 239/20235. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") has been filed on behalf of the petitioner seeking quashing of FIR no. 259/2018 dated 10.10.2018 for offences punishable under Sections 498A/406/354/354A/34 of the Indian Penal Code, 1860 ("IPC") registered at Police Station Safdarjung Enclave, New Delhi.
6. Issue notice. Ms. Richa Dhawan, learned APP accepts notice on behalf of the State.
7. Brief facts of the present case are that the marriage between petitioner no.1 and respondent no.2 was solemnized on 23.11.2014. Due to temperamental differences, certain marital disputes arose between the parties and on the complaint of respondent no.2, the present FIR No.259/2018 dated 10.10.2018 was registered at Police Station Safdarjung Enclave, New Delhi. Thereafter, parties arrived at an amicable settlement resolving all their disputes and differences vide Settlement Agreement dated 24.02.2022 before the Mediation and Conciliation Centre, Delhi High Court. Thereafter, the parties have mutually dissolved their marriage vide judgment/decree dated 29.04.2022.
8. Petitioners are present before this Court and have been identified by their counsel Mr. Ninad Dogra and Investigating Officer (IO).
9. On a query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into settlement out of her own free will and without any pressure, coercion or threat. It is also stated by respondent No.2 that the entire dispute has been amicably settled/compromised between them and she has no objection if the FIR is quashed.
Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:21.01.2023 12:38:0610. In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.
11. Accordingly, FIR bearing No. 259/2018 dated 10.10.2018 for offences punishable under Sections 498A/406/354/354A/34 of the Indian Penal Code, 1860 registered at Police Station Safdarjung Enclave, New Delhi and all consequential proceedings emanating therefrom are quashed.
12. The present petition stands disposed of.
13. The order be uploaded on the website forthwith SWARANA KANTA SHARMA, J JANUARY 16, 2023/ns Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:21.01.2023 12:38:06