Delhi High Court
Gulshan vs The State Nct Of Delhi & Anr. on 16 April, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 16.04.2024
+ W.P.(CRL) 1074/2024
GULSHAN & ORS. ..... Petitioners
Through: Ms. Anushka Sharma and Mr. Rahul
Sharma, Advocates with Petitioners
in-person.
versus
THE STATE NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Sanjeev Bhandari, ASC with
Ms. Anvita Bhandari, Mr. Kunal
Mittal, Mr. Arjit Sharma and
Mr. Vaibhav Vats, Advocates with
SI Sonam, PS: Prasad Nagar.
Mr. S. C. Sharma, Advocates for R-2
with R-2-in-person.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% JUDGMENT
ANOOP KUMAR MENDIRATTA, J (ORAL)
1. Petition under Article 226/227 of the Constitution of India read with
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. 0157/2022,
under Sections 498A/406/34 IPC, registered at P.S.: Prasad Nagar and
proceedings emanating therefrom.
2. In brief, as per the case of petitioners, marriage between petitioner
No. 1 and respondent No. 2 was solemnized according to Hindu rites and
ceremonies on 16.03.2020. No child was born out of the wedlock. Due to
temperamental differences, petitioner No. 1 and respondent No. 2 started
living separately. On complaint of respondent No. 2, present FIR was
registered on 14.02.2022.
3. The disputes have been amicably resolved between the parties in terms
of settlement deed dated 01.05.2023. 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 06.09.2023.
4. Balance amount of Rs. 1,75,000/- has been paid to respondent No. 2
today through DD No. 066410 dated 03.04.2024 drawn on Axis Bank, Karol
Bagh, New Delhi Branch in favour of respondent No. 2, towards full and
final settlement between the parties.
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 Sonam, PS: Prasad Nagar, Delhi. 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. 0157/2022, under Sections 498A/406/34 IPC,
registered at P.S.: Prasad Nagar and 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.
ANOOP KUMAR MENDIRATTA, J.
APRIL 16, 2024/R
