Udit Thapar & Ors. vs State Govt. Of Nct Of Delhi & Anr.
2024 Latest Caselaw 2843 Del

Delhi High Court

Udit Thapar & Ors. vs State Govt. Of Nct Of Delhi & Anr. on 3 April, 2024

Author: Anoop Kumar Mendiratta

Bench: Anoop Kumar Mendiratta

                          $~62
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                               Date of Decision: 03.04.2024
                          +      CRL. M.C. 2628/2024
                                 UDIT THAPAR & ORS.                             ..... Petitioners
                                              Through:             Mr. Mayank Mehandru, Ms.Charu
                                                                   Tandon, Mr.Raghav Tandon and
                                                                   Mr.Nikhil Kharadiya, Advocates
                                                                   alongwith petitioners in person.

                                                    versus

                                 STATE GOVT. OF NCT OF DELHI & ANR.      .... Respondents
                                               Through: Ms. Meenakshi Dahiya, APP with SI
                                                        Mahavir Singh, PS New Friends
                                                        Colony.
                                                        Mr.Rajiv Bajaj, Ms.Shruti Khosla and
                                                        Mr.Vidur     Marwah,       Advocates
                                                        alongwith respondent No.2 through
                                                        VC.
                                 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. 0287/2020, under Sections 498A/406/34 IPC registered at P.S.: New Friends Colony and proceedings emanating therefrom.

2. Issue notice. Learned APP for the State and learned counsel for respondent No.2 alongwith respondent No.2 (through VC) 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 25.12.2015. No child was born out of the wedlock. Due to temperamental differences, respondent No.2 and petitioner No.1 started living separately since 04.10.2019. On the complaint of respondent No. 2, present FIR was registered on 09.10.2020.

4. The disputes are stated to have been amicably settled between the parties in terms of judgment dated 13.09.2023. 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 20.03.2024.

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. Petitioners in person and respondent No. 2 (through VC) have been identified by SI Mahavir Singh, P.S.: New Friends Colony. 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. 0287/2020, under Sections 498A/406/34 IPC registered at P.S.: New Friends Colony and the proceedings emanating therefrom stand quashed.

Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.

ANOOP KUMAR MENDIRATTA, J.

APRIL 03, 2024/v