Paras Hans & Ors. vs The State (Nct Of Delhi) & Anr.
2024 Latest Caselaw 3741 Del

Delhi High Court

Paras Hans & Ors. vs The State (Nct Of Delhi) & Anr. on 30 April, 2024

Author: Anoop Kumar Mendiratta

Bench: Anoop Kumar Mendiratta

                          $~19
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                                Date of Decision: 30.04.2024
                          +      CRL. M.C. 2873/2024
                                 PARAS HANS & ORS.                                     ..... Petitioners
                                              Through:            Mr. Padam Kumar Khanna, Advocate
                                                                  alongwith petitioners in person.

                                                    versus

                                 THE STATE (NCT OF DELHI) & ANR.           .... Respondents
                                               Through: Ms.Kiran Bairwa, APP for State with
                                                         SI Vijay Maan, P.S. Civil Lines.
                                                         Mr.Javed, Advocate with respondent
                                                         No.2 (through VC).
                                 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. 237/2021, under Sections 498A/406/34 IPC registered at P.S.:

Civil Lines.

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 29.02.2016. A male child was born out of wedlock who is presently in custody of respondent No.2. Due to temperamental differences, respondent No.2 and petitioner No.1 started living separately. On complaint of respondent No. 2 present FIR was registered on 18.06.2021.

3. The disputes are stated to have been amicably settled between the parties in terms of Settlement Deed dated 03.06.2022. The marriage between

petitioner No. 1 and respondent No. 2 has been dissolved by decree of divorce under Section 13 B(2) of the Hindu Marriage Act vide judgment dated 05.12.2022.

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. Petitioner No.1 as well as respondent No. 2 are present in person and have been identified by SI Vijay Maan, P.S.: Civil Lines. Presence of petitioners No.2 to 4 is exempted. 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. 237/2021, under Sections 498A/406/34 IPC registered at P.S.: Civil Lines stands quashed.

Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.

ANOOP KUMAR MENDIRATTA, J.

APRIL 30, 2024/v