Delhi High Court
Manpreet Singh And Ors vs State And Anr on 16 April, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 16.04.2024
+ CRL.M.C. 2980/2024
MANPREET SINGH AND ORS ..... Petitioners
Through: Mr.Sumit Kr.Rana and Mr.Harshit
Gupta, Advocates.
versus
STATE AND ANR ..... Respondents
Through: Ms.Kiran Bairwa, APP for State with
SI Ramesh Chand, PS Gulabi Bagh.
Mrs.Brijinder Khurana, Advocate for
R-2.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% JUDGMENT
ANOOP KUMAR MENDIRATTA, J (ORAL)
Exemption allowed, subject to just exceptions.
Applications stand disposed of.
CRL.M.C. 2980/2024, CRL.M.A. 11441/2024
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. 0121/2015 under Sections 498A/406/34 IPC registered at
P.S.: Gulabi Bagh, Delhi 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 petitioners, marriage between petitioner
No.1 and respondent No.2 was solemnized according to Hindu rites and
ceremonies on 13.11.2005. A male child was born out of wedlock on
29.01.2007, who is presently in custody of the petitioner No.1. Due to
temperamental differences, respondent No.2 and petitioner No.1 could not
live together and have been living separately. On complaint of respondent
No. 2, present FIR was registered on 04.05.2015.
4. The disputes have been amicably resolved between the parties in terms
of settlement deed dated 08.01.2020. 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 20.01.2024.
5. Balance amount of Rs.5,00,000/- (Five Lakh Only) has been paid to
respondent No.2 today through DD No. 305744 dated 27.02.2024 drawn on
J & K Bank, Navin Shadara, Delhi Branch in favour of respondent No. 2
towards full and final settlement between the parties.
6. 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.
7. Petitioners as well as respondent No. 2 are present in-person and have
been identified by respective counsels. 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.
8. 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. 0121/2015, under Sections 498A/406/34 IPC,
registered at P.S.: Gulabi Bagh, Delhi and proceedings emanating therefrom
stand quashed.
Petition is accordingly disposed of. Pending applications, if any, also
stand disposed of.
ANOOP KUMAR MENDIRATTA, J.
APRIL 16, 2024/VLD
