Delhi High Court
Parijat Sarkar vs State Govt. Of Nct Of Delhi And Anr. on 2 April, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 02.04.2024
+ CRL.M.C. 2574/2024
PARIJAT SARKAR ..... Petitioner
Through: Mr. Atul Chopra, Advocate alongwith
petitioner in person.
versus
STATE GOVT. OF NCT OF DELHI & ANR. ..... Respondents
Through: Ms.Meenakshi Dahiya, APP for the
State with Mr.Bhanu Pratap singh,
Advocate alongwith SI Prem Kumar,
PS Mehrauli.
Ms.Hena Lamba, Advocate 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 petitioner for quashing of FIR
No. 0620/2019, under Sections 498A/406/323 IPC registered at P.S.:
Mehrauli and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for
respondent No. 2 alongwith respondent No. 2 in person, appear on advance
notice and accept notice.
3. In brief, as per the case of the petitioner, marriage between petitioner
and respondent No. 2 was solemnized according to Hindu rites and
ceremonies on 26.11.2007. A male child was born out of the wedlock who is
presently in custody of respondent No. 2. Due to temperamental differences,
respondent No.2 and petitioner started living separately since 01.03.2018.
Present FIR was registered at the instance of respondent No. 2 on
09.11.2019.
4. The disputes are stated to have been amicably settled between the
parties in terms of Settlement Agreement dated 06.03.2023. The marriage
between petitioner No. 1 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 18.01.2024.
5. 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.
6. Petitioner and respondent No. 2 are present in person and have been
identified by SI Prem Kumar, PS: Mehrauli. 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.
7. 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. 0620/2019, under Sections 498A/406/323 IPC
registered at P.S.: Mehrauli 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 and compliance.
ANOOP KUMAR MENDIRATTA, J.
APRIL 02, 2024/v
