VIPIN SUNEJA Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) This petition has been filed under Sec. 482 Cr.P.C. seeking the quashing of FIR No.290/2020 registered under Sec. 306 IPC at Police Station Fatehpur Beri, Delhi along with all other proceedings arising therefrom.

(2.) Pursuant to the last order, the respondent No.2 is present in person before this Court. The Court has interacted with him. He explains that the Settlement has been arrived at before the learned Family Court where the learned Family Judge had interacted with the children, who then expressed a desire to be with their father, who is the petitioner herein. The respondent No.2 also affirms that he too believes that it is in the interest of the children that they are with their father. He hopes that the relations between himself and the petitioner may improve over a period of time, but believes that this is the best way out.

(3.) Mr. Ritesh Kumar Bahri, learned APP for the State has relied on the judgment of the Supreme Court in Daxaben v. The State of Gujarat and Ors., 2022 SCC OnLine SC 936 to contend that even if a Settlement has taken place, the Court lacked the jurisdiction to quash an FIR registered under Sec. 306 of IPC. Reliance has also been placed on a judgment of the Punjab and Haryana High Court in Neelam Devi and Anr. V. State of Punjab and Anr., rendered on 1/4/2022, and the decision of the Supreme Court in State of Madhya Pradesh Vs. Laxmi Narayan and Ors. (2019) 5 SCC 688.