Delhi High Court
Gautam Anr Ors. vs The State (Nct Of Delhi) And Anr on 2 April, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 02.04.2024
+ CRL.M.C. 2439/2024
GAUTAM ANR ORS. ..... Petitioners
Through: Mr. A. N. Aggarwal, Ms. Meenakshi
Yadav, Ms. Hema Aggarwal and
Mr. Nukur, Advocates with Petitioners
in-person.
versus
THE STATE (NCT OF DELHI) AND ANR. ..... Respondents
Through: Ms. Kiran Bairwa, APP with Insp.
Dinesh Chandra, P.S.: Khajori Khas.
Mr. Raj Kumar and Mr. Akash
Kashyap, Advocates for R-2 with
respondent No. 2-in-person.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% JUDGMENT
ANOOP KUMAR MENDIRATTA, J (ORAL)
Exemption allowed, subject to just exceptions.
Application stands disposed of.
1. Petition under Section 482 of the Code of Criminal Procedure, 1973
('Cr.P.C.') has been preferred on behalf of the petitioners for quashing of
FIR No. 0292/2022, under Sections 498A/406/34 IPC registered at P.S.:
Khajori Khas and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for
respondent No. 2 with respondent No. 2 in person appear on advance notice
and accept notice.
3. In brief, as per the case of the petitioners, marriage between petitioner
No. 1 and respondent No. 2 was solemnized according to Hindu rites and
ceremonies on 28.02.2019. No child was born out of the wedlock. Due to
temperamental differences, petitioner No. 1 and respondent No. 2 started
living separately. On complaint of respondent No. 2, present FIR was
registered on 09.03.2022.
4. The disputes have been amicably settled between the parties in terms
of settlement deed dated 25.11.2023. The marriage between petitioner No. 1
and respondent No. 2 has been dissolved by decree of divorce under Section
13 1(i-a) of the Hindu Marriage Act vide judgment dated 02.11.2022.
5. Balance amount of Rs. 3,00,000/- has been paid to respondent No. 2
today through DD No. 905488 dated 11.03.2024 drawn on Canara Bank, Air
Head Quarters Vayu Bhawan Branch, New Delhi in favour of respondent
No. 2, towards full and final settlement between the parties.
6. Learned APP for the State submits that in view of amicable settlement
between the parties, the State has no objection in case the FIR in question is
quashed.
7. Petitioners as well as respondent No. 2 are present in person and have
been identified by Insp. Dinesh Chandra, P.S.: Khajori Khas, Delhi. I have
interacted with the parties and they confirm that the matter has been
amicably settled between them without any threat, pressure or coercion.
Respondent No. 2 also states that nothing remains to be further adjudicated
upon between the parties and she has no objection in case the FIR in question
is quashed. It is also stated by the parties that in the List of Dates, reference
to petition under Section 25 of Guardian and Wards Act, 1890 has been
inadvertently reflected due to typographical errors.
8. Considering the facts and circumstances, since the matter has been
amicably settled between the parties, no useful purpose shall be served by
keeping the case pending. It would be nothing but an abuse of the process of
Court. Consequently, FIR No. 0292/2022, under Sections 498A/406/34 IPC
registered at P.S.: Khajori Khas, Delhi and the proceedings emanating
therefrom stand quashed.
Petition is accordingly disposed of. Pending applications, if any, also
stand disposed of.
A copy of this order be forwarded to the learned Trial Court for
information.
ANOOP KUMAR MENDIRATTA, J.
APRIL 02, 2024/R
