Delhi High Court
Naveen Kumar & Ors. vs State Govt Of Nct Delhi & Anr. on 12 February, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~57
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 12.02.2024
+ CRL.M.C. 1106/2024
NAVEEN KUMAR & ORS. ..... Petitioners
Through: Mr.Vikram Singh, Mr.H.L.Dagar and
Mr.Vikas Hooda, Advocates with
petitioners in person.
versus
STATE GOVT. OF NCT DELHI & ANR. ..... Respondents
Through: Ms. Kiran Bairwa, APP for the State
with SI Rakesh, PS Fatehpur Beri.
Ms.Shilpi Singh and Mr.Shilankar,
Advocates 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. 210/2018, under Sections 498A/406/34 IPC registered at P.S.:
Fatehpur Beri and proceedings emanating therefrom. Section 506 IPC has
been subsequently invoked by the 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 16.05.2010. A daughter was born out of the wedlock on
20.12.2015. Due to temperamental differences, respondent No.2 and
petitioner No.1 started living separately since 27.12.2017. A complaint was
filed on behalf of respondent No.2 on 08.05.2017 against the petitioners in
Crime Against Women Cell, South (CAW Cell) which culminated in filing
of present FIR.
4. The matter is stated to have been amicably resolved between the
parties vide Settlement Agreement dated 18.04.2023 arrived at Mediation
Centre, Saket Courts, New Delhi. 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 vide
judgment dated 05.06.2023. An amount of Rs.1,50,000/- out of total
settlement amount of Rs.4,50,000/- has been paid today to respondent No. 2
through DD No.010946 dated 15.01.2024 drawn on IDBI Bank, Paradixe
Plaza, Old GT Road, Near Arora Nurshing Home, Palwal, Haryana- 121102
Branch, in favour of respondent No. 2. It is also informed that an FDR of
Rs.5,00,000/- has be deposited in the name of daughter by petitioner No.1
under the guardianship 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 Rakesh, PS: Fatehpur Beri. 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. 210/2018, under Sections 498A/406/506/34
IPC registered at P.S.: Fatehpur Beri and the proceedings emanating
therefrom stand quashed.
Petition is accordingly disposed of. Pending application, if any, also
stands disposed of.
ANOOP KUMAR MENDIRATTA, J.
FEBRUARY 12, 2024/v
