Delhi High Court
Shivam Dewan & Ors. vs The State & Anr. on 30 April, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 30.04.2024
+ W.P.(CRL). 1102/2024
SHIVAM DEWAN & ORS. ..... Petitioners
Through: Mr.Neeraj Dahiya, Advocate with
petitioners in person.
versus
THE STATE & ANR. ..... Respondents
Through: Mr. Anand V. Khatri, ASC, APP for
State with SI Deepika & SI Shamsher,
PS Pashchim Vihar.
Mr.Tushar Rohmetra, Advocate with
respondent no. 2 in person.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% JUDGMENT
ANOOP KUMAR MENDIRATTA, J (ORAL)
1. A Writ Petition under Article 226 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. 0428/2022, under Sections 498A/406/34
IPC registered at P.S.: Pashchim Vihar East 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 28.11.2019. A female child was born out of the wedlock who
is 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 28.03.2022.
3. The disputes are stated to have been amicably settled between the
parties in terms of Settlement Deed dated 28.10.2023. 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, 1955 vide judgment and decree dated 24.01.2024.
4. Balance amount of Rs. 10,00,000/- has been paid to respondent No. 2
today through DD No. 239204 dated 25.04.2024 drawn on State Bank of
India, Kohat Enclave Pitampura, New Delhi in favour of respondent No. 2,
in terms of settlement between the parties.
5. Learned ASC 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 as well as respondent No. 2 are present in person and have
been identified by SI Deepika and SI Shamsher, PS Pashchim Vihar. 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. 428/2022, under Sections 498A/406/34 IPC
registered at P.S.: Pashchim Vihar 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 30, 2024/K
