Delhi High Court
Vipin Saini & Anr. vs State Govt. Of Nct Of Delhi & Anr. on 13 February, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 13.02.2024
+ CRL.M.C. 1159/2024
VIPIN SAINI & ANR. ..... Petitioners
Through: Mr. Rakesh Kumar Dhanda, Advocate
with Petitioners-in-person.
versus
STATE GOVT. OF NCT OF DELHI & ANR. ..... Respondents
Through: Ms. Kiran Bairwa, APP for the State
with SI Sunita Yadav, PS: Najafgarh.
Mr. Mehraj Chaudhary, Advocate for
R-2 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. 0137/2017, under Sections 498A/406/34 IPC, registered at
PS: Najafgarh, Delhi and the proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for
respondent No. 2 along with 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 13.03.2013. No child was born out of the wedlock. Due to
temperamental differences between the parties, petitioner No.1 and
respondent No.2 started living separately since 04.11.2013. On complaint of
respondent No.2, present FIR was registered on 01.06.2017.
4. The matter is stated to have been amicably resolved between the
parties vide settlement deed dated 11.01.2024, since earlier Settlement
Agreement dated 19.12.2019 could not be implemented in view of death of
father of petitioner No. 1 and COVID-19 pandemic. Also, the marriage
between petitioner No. 1 and respondent No. 2 has been dissolved by decree
of divorce under Section 13(1)(ia) of the Hindu Marriage Act on 03.05.2018.
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 Sunita Yadav, PS: Najafgarh, 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. 0137/2017, under Sections 498A/406/34 IPC,
registered at PS: Najafgarh, Delhi and the proceedings emanating therefrom
stand quashed.
Petition is accordingly disposed of. Pending application, if any, also
stands disposed of.
A copy of this order be forwarded to the learned Trial Court for
information.
ANOOP KUMAR MENDIRATTA, J.
FEBRUARY 13, 2024/R
