Delhi High Court
Deepak & Ors. vs The State Of Nct Through Sho & Anr. on 12 February, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 12.02.2024
+ CRL.M.C. 1109/2024
DEEPAK & ORS. ..... Petitioners
Through: Mr.Yashpal Jolly, Advocate with
petitioners in person.
versus
THE STATE OF NCT THROUGH SHO & ANR. ..... Respondents
Through: Ms. Kiran Bairwa, APP for the State
with SI Ashish Yadav, PS Rajouri
Garden.
Ms.Gaisha Sharma, 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. 746/2018, under Sections 498A/406/34 IPC registered at P.S.:
Rajouri Garden, Delhi and the proceedings emanating therefrom.
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 and two children were born out of the wedlock. Due to
temperamental differences between the parties, petitioner No.1 and
respondent No.2 started living separately and on complaint of respondent
No.2, present FIR was registered on 22.12.2018.
4. The matter is stated to have been orally settled between the parties
with the intervention of family members on 13.06.2023 and petitioner No.1
and respondent No.2 are now living together.
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 have been identified by SI
Ashish Yadav, PS Rajouri Garden, Delhi. 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. 746/2018, under Sections 498A/406/34 IPC
registered at P.S.: Rajouri Garden, Delhi 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
