% 28.02.2024

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. 03/2019 registered at Police Station: Krishna Nagar, Shahdara District, Delhi under Sections 498A / 376 / 354 / 109 of the Indian Penal Code, 1860 (in short, ' IPC '), along with all other proceedings arising therefrom, on the basis of settlement.

2. The learned senior counsel for the petitioner submits that the subject FIR was an offshoot of the matrimonial discord and some 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 01/03/2024 at 22:47:49 misunderstanding between the parties, that is, the petitioner and the respondent no.2. He submits that the parties have amicably settled their inter se disputes and have entered into a settlement vide Memorandum of Understanding dated 18.12.2023.

3. The respondent no.2, who is present 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 petitioner out of her own free will and without any coercion. The respondent no.2 submits that she does not wish to pursue the proceedings emanating from the FIR any further and has no objection if the present FIR is quashed.

4. The learned senior counsel for the petitioner has handed over a Demand Draft of Rs. 13,80,000/- (Rupees Thirteen Lakhs and Eighty Thousand Only) to the respondent no.2 as per the terms of the Settlement.

5. The learned APP, on the other hand, submits that the petitioner had been declared as a proclaimed offender and, therefore, chargesheet, including under Section 174A of the IPC, has also been filed against the petitioner. She submits that there are allegations consisting offence under Sections 376 / 109 of the IPC as well. She submits that such offence are grave in nature and, therefore, the present FIR should not be quashed merely on the basis of the settlement arrived at between the petitioner and respondent no.2.

6. I have perused the contents of the FIR and also the settlement between the parties.

7. In Kapil Gupta v. State (NCT of Delhi ), 2022 SCC 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 01/03/2024 at 22:47:49 OnLine SC 1030, the Supreme Court while considering a case of quashing an FIR registered under Section 376 of the IPC, has held as under:

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

9. Keeping in view the fact that the dispute arose out of a matrimonial dispute and that the respondent no.2 does not wish to pursue her complaint any further, as also the Settlement arrived at between the parties, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as the chances of its success would be rather minuscule and it would 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 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 01/03/2024 at 22:47:49 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 FIR and all the proceedings emanating therefrom.

11. As certain terms of the settlement are yet to be implemented, the petitioner, who appears virtually, shall remain bound by the terms of the settlement even on the peril of the contempt.

12. Accordingly, the petition is allowed. FIR No. 03/2019 registered at Police Station: Krishna Nagar, Shahdara District, Delhi under Sections 498A / 376 / 354 / 109 of IPC, and all consequential proceedings emanating therefrom against the petitioner are quashed.

NAVIN CHAWLA, J FEBRUARY 28, 2024/rv/AS 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 01/03/2024 at 22:47:49