Delhi High Court
Vijay Bahadur Singh & Ors. vs State (Govt. Of Nct Of Delhi) & Anr. on 2 April, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 02.04.2024
+ CRL.M.C. 2504/2021 & CRL.M.A. 16381/2021
VIJAY BAHADUR SINGH & ORS. ..... Petitioners
Through: Ms. Astha Deep and Mr. Sujeet
Ranjan, Advocates with Petitioners
through VC.
versus
STATE (GOVT. OF NCT OF DELHI) AND ANR. ..... Respondents
Through: Ms. Kiran Bairwa, APP for State with
SI Ashish Yadav, PS: Rajouri Garden.
Mr. V. K. Yadav, Advocate for R-2
with respondent No. 2-in-person.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% JUDGMENT
ANOOP KUMAR MENDIRATTA, J (ORAL)
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. 0689/2019, under Sections 498A/406/34 IPC registered at
P.S.: Rajouri Garden and proceedings emanating therefrom.
2. In brief, as per the case of the petitioners, marriage between petitioner
No. 3 and respondent No. 2 was solemnized according to Hindu rites and
ceremonies on 28.02.2017. No child was born out of the wedlock. Due to
temperamental differences, petitioner No. 3 and respondent No. 2 started
living separately. On complaint of respondent No. 2, present FIR was
registered on 21.12.2019.
3. The disputes have been amicably resolved between the parties vide
settlement deed dated 12.10.2022. The marriage between petitioner No. 3
and respondent No. 2 has been dissolved by decree of divorce by way of
mutual consent under Section 13B(2) of the Hindu Marriage Act vide
judgment dated 03.06.2023.
4. 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.
5. Petitioners and respondent No. 2 (through VC) have been identified by
SI Ashish Yadav, PS: Rajouri Garden, 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.
6. 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. 0689/2019, under Sections 498A/406/34 IPC
registered at P.S.: Rajouri Garden and 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
