Delhi High Court
Sanjeev Kumar Panchal & Ors. vs State (Gnctd) & Anr. on 8 February, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 08.02.2024
+ CRL.M.C. 1011/2024
SANJEEV KUMAR PANCHAL & ORS. ..... Petitioners
Through: Mr.Akhil Sabharwal, Advocate with
petitioners in person.
versus
STATE (GNCTD) & ANR. ..... Respondents
Through: Ms. Kiran Bairwa, APP for the State
with W/SI Sunita, PS Uttam Nagar.
and SI Jitender Kumar, PS BHD
Nagar.
Mr.Subhash, 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. 626/2021, under Sections 498A/406/34 IPC registered at P.S.: Baba
Haridas Nagar, Delhi and the proceedings emanating therefrom. Section 323
and 509 IPC were subsequently invoked by prosecution.
2. Issue notice. Learned APP for the State and learned counsel for
respondent No.2 alongwith respondent No.2 in person 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 07.12.2019. No child was born out of the said wedlock. Due
to temperamental differences between the parties, petitioner No.1 and
respondent No.2 started living separately. On complaint of respondent No.2,
present FIR was registered.
4. The matter is stated to have been amicably resolved between the
parties, in terms of Settlement Agreement dated 05.09.2023. The petition for
divorce by way of mutual consent is stated to be pending for 20.07.2024. An
amount of Rs.1,80,000/- out of total settlement amount of Rs.6,00,000/- has
been paid today to respondent No. 2 through Cheque No. 039403 dated
08.02.2024 drawn on State Bank of India, Old Roshan Pura, Najafgarh, New
Delhi Branch, in favour of respondent No. 2.
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 as well as respondent No. 2 are present in person and have
been identified by SI Jitender Kumar, PS Baba Haridas Nagar. 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. 626/2021, under Sections 498A/406/323/
509/34 IPC registered at P.S.: Baba Haridas Nagar and the proceedings
emanating therefrom stand quashed.
Petition is accordingly disposed of.
ANOOP KUMAR MENDIRATTA, J.
FEBRUARY 08, 2024/v
