Delhi High Court
Naveen vs The State Nct Of Delhi & Anr. on 30 April, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 30.04.2024
+ CRL. M.C. 3350/2024
NAVEEN ..... Petitioner
Through: Mr.Gaurav Vaid, Advocate alongwith
petitioner in person.
versus
THE STATE NCT OF DELHI & ANR. .... Respondents
Through: Mr.Mukesh Kumar, APP for State
with SI Tilak Raj, P.S. Ranhola.
Mr.G.S.Ahuja, Advocate with
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. 916/2020, under Sections 498A/34 IPC registered at P.S.: Ranhola,
and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for
respondent No.2 alongwith respondent No.2 appear on advance notice and
accept notice.
3. In brief, as per the case of the petitioners, marriage between petitioner
and respondent No. 2 was solemnized according to Hindu rites and
ceremonies on 18.11.2010. Two male 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 started living separately. On
complaint of respondent No. 2 present FIR was registered on 31.10.2020.
4. The disputes are stated to have been amicably settled between the
parties before Counselling Cell, Family Court, West District, Tis Hazari
Court, Delhi vide Settlement Deed dated 28.11.2023. The marriage between
petitioner and respondent No. 2 has been dissolved by decree of divorce
dated 08.02.2024 by way of mutual consent under Section 13B(2) of the
Hindu Marriage Act, 1955.
5. An amount of Rs. 60,000/- has been paid to respondent No.2 today
through Banker's Cheque No.697862 dated 10.04.2024 drawn on Bank of
Baroda, Netaji Subhash Place, Pitampura, 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. Petitioner as well as respondent No. 2 are present in person and have
been identified by SI Tilak Raj, P.S.: Ranhola. 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. 916/2020, under Sections 498A/34 IPC
registered at P.S.: Ranhola 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 and compliance.
ANOOP KUMAR MENDIRATTA, J.
APRIL 30, 2024/v
