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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4811/2024
NEERAJ VATS AND ANR ..... Petitioners
Through: Mr. R.K. Naveen, Mr. Manish, Mr.
Sandeep, Mr. Sushil, Advocates
alongwith petitioners in person.
versus
THE STATE OF NCT OF DELHI AND ANR ..... Respondents
Through: Mr. Sunil Kumar Gautam, APP for
the State with W/SI O.S. Thakur, P.S.
Najafgarh.
Respondent no. 2 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 31.05.2024
CRL.M.A. 17997/2024 (Exemption)
1. Exemption allowed, subject to just exceptions.
2. The application is accordingly disposed of.
CRL.M.C. 4811/2024
3. The present petition filed under Section 482 Cr.P.C. seeks quashing of
FIR No. 1006/2020, under Sections 498A/406/34 of the IPC, registered at
P.S. Najafgarh, Delhi.
4. The marriage between petitioner no.1/husband and respondent
no.2/wife was solemnized on 13.11.2013 as per Hindu rites and ceremonies
and one male child was born out of the said wedlock.
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5. Due to matrimonial differences between petitioner no. 1 and
respondent no. 2, the parties started residing separately on 10.09.2019.
Subsequently, respondent no.2/complainant lodged an FIR against the
petitioner no.1 (husband), petitioner no. 2(mother-in-law), petitioner no. 3
(brother-in-law) and petitioner no. 4 (sister-in-law) herein.
6. Learned counsel appearing on behalf of the petitioner submits during
the pendency of the aforesaid proceedings, the parties have arrived at a
settlement before Mediation Centre, Dwarka Court, Delhi vide settlement
dated 16.02.2023. In pursuance of the said settlement, respondent no. 2 has
no objection if the present FIR is quashed. It is further submitted that
respondent no. 2 is residing peacefully with petitioner no. 1 alongwith with
their minor child at their matrimonial home since 20.03.2023.
7. Petitioners and complainant/respondent no. 2 are present before the
Court and have been duly identified by the Investigating Officer, W/SI O.S.
Thakur, P.S. Najafgarh.
8. The complainant/respondent no.2 states that the matter has been
settled with the petitioners and she has no objection if the FIR is quashed.
She further states she is residing peacefully with petitioner no. 1 alongwith
their minor child at their matrimonial home since 20.03.2023.
9. Learned APP for the State submits that investigation in the present
FIR is pending and chargesheet is yet to be filed. In view of the settlement
between the parties, learned APP for the State also has no objection if the
present FIR is quashed.
10.
In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon’ble
Supreme Court has recognized the need of amicable resolution of disputes
by observing as under:-
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“61. ... In other words, the High Court must consider whether it
would be unfair or contrary to the interest of justice to continue with
the criminal proceedings or continuation of criminal proceedings
would tantamount to abuse of process of law despite settlement and
compromise between the victim and the wrongdoer and whether to
secure the ends of justice, it is appropriate that criminal case is put to
an end and if the answer to the above question(s) is in the
affirmative, the High Court shall be well within its jurisdiction to
quash the criminal proceeding.”
11. In view of the aforesaid circumstances, and the fact that the parties
have put a quietus to the dispute, no useful purpose will be served in
continuing with the present FIR No. 1006/2020, under Sections
498A/406/34 of the IPC, registered at P.S. Najafgarh, Delhi.
12. In the interest of justice, the petition is allowed, and the FIR No.
1006/2020, under Sections 498A/406/34 of the IPC, registered at P.S.
Najafgarh, Delhi, is hereby quashed.
13. Petition is allowed and disposed of accordingly.
14. Pending application(s), if any, also stand disposed of.
AMIT SHARMA, J
MAY 31, 2024/bsr
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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 01/06/2024 at 12:31:15