Manish Kumar & Ors. vs State Of Nct Of Delhi & Anr.
2024 Latest Caselaw 3162 Del

Delhi High Court

Manish Kumar & Ors. vs State Of Nct Of Delhi & Anr. on 10 April, 2024

Author: Anoop Kumar Mendiratta

Bench: Anoop Kumar Mendiratta

                          $~21
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                                Date of Decision: 10.04.2024
                          +      CRL. M.C. 1486/2024
                                 MANISH KUMAR & ORS                                  ..... Petitioners
                                                 Through:         Mr. Vishal Rao and Mr.Sagar Jaiswal,
                                                                  Advocates alongwith petitioners in
                                                                  person.

                                               versus
                                 STATE OF NCT OF DELHI AND ANR.           .... Respondents
                                               Through: Ms.Kiran Bairwa, APP with SI Sudhir
                                                        Rathi, PS Burari.
                                                        Mr.Shlok Sushen, Advocate 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. 908/2021, under Sections 498A/406/34 IPC registered at P.S.:

Burari and proceedings emanating therefrom.

2. 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 31.01.2013. Two children were born out of the wedlock who are presently in custody of respondent No.2. Due to temperamental differences, respondent No.2 and petitioner No.1 started living separately. On the complaint of respondent No. 2, present FIR was registered on 05.11.2021.

3. The disputes are stated to have been amicably settled between the parties in terms of Settlement Deed dated 18.09.2023. The first motion for divorce, by way of mutual consent under Section 13B(1) of the Hindu Marriage Act is stated to have been allowed on 18.11.2023.

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 as well as respondent No. 2 are present in person and have been identified by SI Sudhir Rathi, P.S.: Burari. 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. 908/2021, under Sections 498A/406/34 IPC registered at P.S.: Burari 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 learned Trial Court for information.

ANOOP KUMAR MENDIRATTA, J.

APRIL 10, 2024/v