% 21.05.2024

1. This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, ' Cr.P.C .') seeking quashing of FIR No.0338/2019 registered at Police Station: Amar Colony, South- East District, Delhi under Sections 498A / 406 / 34 of the Indian Penal Code, 1860 (in short, ' IPC ') and FIR No.0098/2019 registered at Police Station: Hari Nagar, West District, Delhi under Sections 376 / 354 / 341 / 323 / 34 of the IPC respectively, along with all other proceedings arising therefrom, on the basis of settlement.

2. Issue notice.

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 25/05/2024 at 00:12:37

3. Notice is accepted by Mr.Shoaib Haider, learned APP for the respondent no.1 and Mr.Rajat Vadhera, Advocate for the respondent no.2.

4. The learned counsel for the petitioners submits that the subject FIRs were an offshoot of the matrimonial discord and family disputes between the parties.

5. He submits that the parties have amicably settled their inter se disputes before Delhi Mediation Centre, Tis Hazari Courts, Delhi on 24.11.2023 and also have entered into a Settlement vide Memorandum of Understanding dated 04.12.2023. The marriage between the parties, that is, the petitioner no.1 and the respondent no.2 in CRL.M.C. 3353/2024 has already been dissolved vide Decree of Divorce dated 29.02.2024, passed by learned Judge, Family Court, West District, Tis Hazari Courts, Delhi.

6. Ms.Harjit Kaur, who is petitioner no.2 in CRL.M.C. 3353/2024 and petitioner no.1 in CRL.M.C. 3814/2024 undertakes that the complaint filed by her against the respondent no.2 shall be withdrawn by her. The petitioners have also handed over a demand draft of a sum of Rs.8,50,000/- to the respondent no.2.

7. Respondent no.2, who is present in person and has been duly identified by the Investigating Officer (IO), reaffirms the above- mentioned settlement and states that she has settled all the disputes with the petitioners out of her own free will and without any coercion and does not wish to pursue her complaint against the petitioners. She submits that she has no objection if the present FIRs are quashed.

8. I have perused the contents of the FIRs and also the Settlement 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 25/05/2024 at 00:12:37 between the parties.

9. In Kapil Gupta v. State (NCT of Delhi ), 2022 SCC OnLine SC 1030, the Supreme Court while considering a case of quashing of an FIR registered under Section 376 of the IPC, has held as under:

10. In Jitendra Raghuvanshi v. Babita Raghuvanshi , (2013) 4 SCC 58, the Supreme Court has held as under:

11. Keeping in view the fact that the disputes between the parties arose out of a family dispute, 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 served in keeping the FIRs alive. In fact, it would rather create further acrimony between the parties and will 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 25/05/2024 at 00:12:39 an unnecessary burden on the State Exchequer.

12. Guided by the principles enunciated by the Supreme Court in its judgments in Kapil Gupta (supra), Jitendra Raghuvanshi (supra), 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 FIRs and all the proceedings emanating therefrom.

13. Accordingly, binding Ms.Harjit Kaur to her undertaking given hereinabove, the petitions are allowed. Resultantly, FIR No.0338/2019 registered at Police Station: Amar Colony, South-East District, Delhi under Sections 498A / 406 / 34 of the IPC and FIR No.0098/2019 registered at Police Station: Hari Nagar, West District, Delhi under Sections 376 / 354 / 341 / 323 / 34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed.

NAVIN CHAWLA, J MAY 21, 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 25/05/2024 at 00:12:39