Delhi High Court
Sh. Nitin Sharma & Anr. vs The State (Govt Of Nct Of Delhi) & ... on 6 January, 2023
Neutral Citation Number 2023/DHC/000210
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 60/2023
SH. NITIN SHARMA & ANR. ..... Petitioners
Through: Mr. R.P. Singh, Advocate with
petitioners in person
versus
THE STATE (GOVT OF NCT OF DELHI) & ANR. ..... Respondents
Through: Mr. Satinder Singh Baba, APP for the
State
Ms. Rajni Sharma, Advocate for
respondent No.2 with respondent
No.2 in person.
% Date of Decision: 06th January, 2023
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
CRL.M.A. 219/2023 (exemption)
Exemption allowed subject to all just exceptions.
CRL.M.C. 60/2023
1. This is a petition for quashing of FIR No.0460/2018 under Sections
498A/406/34 IPC registered at Police Station Nihal Vihar.
Signature Not Verified
Digitally Signed
By:PALLAVI
VERMA
Neutral Citation Number 2023/DHC/000210
2. Learned counsel for the petitioners submits that the parties got
married on 09.12.2016 whereas due to some temperamental differences
could not live together. The matter has been amicably settled vide
Settlement Agreement dated 18.07.2019. It has been submitted that as per
the Settlement Agreement, the petitioners have returned the dowry articles
and jewellery to the respondent No.2. It has further been submitted that
payment in the sum of Rs.4 lakhs has also been made to the respondent
No.2. Learned counsel for the petitioners submits that pursuant to the
agreement, the decree of divorce has also been granted.
3. The respondent No.2 is present in person. The Investigating Officer,
who is present in Court, has duly identified the respondent No.2. The
respondent No.2 states that she has entered into the settlement amicably
without any fear, force and coercion with the petitioners.
4. I have gone through the Settlement Agreement dated 18.07.2019. The
Settlement Agreement reveals that the parties have reached at a settlement as
they could not live together on account of some temperamental differences.
No child was born out of the wedlock.
5. The High Court is the highest court of the State and is conferred with
the power of control and superintendence over all courts subordinate to it.
Besides Articles 226 and 227, Section 482 Cr.P.C. also acknowledges the
inherent power of the high court to secure the ends of justice. In cases
where the offences are not compoundable in nature, the parties on account of
an amicable settlement invoke the inherent power under Section 482 Cr.P.C.
Signature Not Verified
Digitally Signed
By:PALLAVI
VERMA
Neutral Citation Number 2023/DHC/000210
for quashing the proceedings on the plea that continuance thereof would
merely be an abuse of process of law.
6. Further It has also been repeatedly held that the cases arising out of
matrimonial differences should be put to a quietus if the parties have
reached on an amicable settlement. Reliance may be placed upon: B.S. Joshi
v. State of Haryana, (2003) 4 SCC 675 ; K. Srinivas Rao v. D.A. Deepa,
(2013) 5 SCC 226; Yashpal Chaudhrani and Others vs. State (Govt. of
NCT Delhi) and Another, 2019 SCC OnLine Del 8179.
7. I consider that there would be no purpose of continuing with the trial
as the parties have reached on a settlement and have decided to give quietus
to the proceedings. It was a matrimonial dispute which has been amicably
settled.
8. Taking into account the totality of facts and circumstances, the case
FIR No.0460/2018 under Sections 498A/406/34 IPC registered at Police
Station Nihal Vihar and all the proceedings emanating therefrom are
quashed.
9. The present petition stands disposed of.
DINESH KUMAR SHARMA, J
JANUARY 06, 2023
st
Signature Not Verified
Digitally Signed
By:PALLAVI
VERMA
