Delhi High Court
Rocky & Ors. vs State & Anr. on 30 April, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 30.04.2024
+ CRL. M.C. 3388/2024
ROCKY & ORS ..... Petitioners
Through: Mr.U.C.Gupta, Mr.Prashant Gupta
and Ms.Simran Chopra, Adviocates
alongwith petitioners No.1 and 3
(through VC).
versus
STATE & ANR. .... Respondents
Through: Ms.Kiran Bairwa, APP for State with
SI Ravi Kumar, P.S. Ashok Vihar.
Mr.Ankit Hooda, Advocate with
respondent No.2 in person.
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. 572/2014, under Sections 498A/406/34 IPC registered at P.S.:
Ashok Vihar 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
No.1 and respondent No. 2 was solemnized according to Hindu rites and
ceremonies on 17.10.2012. No child was born out of the wedlock. 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 19.09.2014. It is also pointed out that petitioner No.2 was
discharged by the learned Trial Court.
4. The disputes are stated to have been amicably settled between the
parties in terms of Settlement Deed dated 20.01.2020. The marriage between
petitioner No. 1 and respondent No. 2 has been dissolved by decree of
divorce dated 19.11.2022 by way of mutual consent under Section 13B(2) of
the Hindu Marriage Act.
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. Petitioner No.1 & 3 and respondent No. 2 (through VC) have been
identified by their respective counsel representing them. 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. 572/2014, under Sections 498A/406/34 IPC
registered at P.S.: Ashok Vihar 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.
ANOOP KUMAR MENDIRATTA, J.
APRIL 30, 2024/v
