Birender @ Beeru@Veerpal & Ors. vs State (Nct Of Delhi) & Anr.
2024 Latest Caselaw 2865 Del

Delhi High Court

Birender @ Beeru@Veerpal & Ors. vs State (Nct Of Delhi) & Anr. on 3 April, 2024

Author: Anoop Kumar Mendiratta

Bench: Anoop Kumar Mendiratta

                          $~60
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                             Date of Decision: 03.04.2024
                          +     CRL.M.C. 2615/2024
                                BIRENDER @ BEERU@VEERPAL & ORS.            ..... Petitioners
                                             Through: Ms.Shikha Yadav and Mr.Manish
                                                      Sahay,         Advocates        alongwith
                                                      petitioners in person.

                                                   versus

                                STATE (NCT OF DELHI) & ANR.              ..... Respondents
                                              Through: Ms. Kiran Bairwa, APP for the State
                                                        with SI Satender Singh, PS
                                                        Nanakpura.
                                                        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. 0005/2020, under Sections 498A/406/34 IPC registered at P.S.:

Crime (Women) Cell Nanakpura, Delhi and proceedings emanating therefrom.

2. Issue notice. Learned APP for the State and 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 23.02.2017. Two children were born out of the wedlock. Due to temperamental differences, respondent No.2 and petitioner No.1 started living separately. Present FIR was registered on the complaint of respondent No.2 on 21.02.2020.

4. The disputes are stated to have been amicably settled between the parties whereby both respondent No.2 and petitioner No.1 are stated to be residing together for the past three years.

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 and respondent No. 2 are present in person and have been identified by SI Satender Singh, PS: Nanakpura. 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. 0005/2020, under Sections 498A/406/34 IPC registered at P.S.: Crime (Women) Cell Nanakpura, Delhi 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