Delhi High Court
Sh Vikash & Ors. vs The State (Nct Of Delhi) & Anr. on 21 February, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 21.02.2024
+ CRL.M.C. 1423/2024
SH. VIKASH & ORS. ..... Petitioners
Through: Mr. Vikrant Malik, Advocate with
Petitioners-in-person.
versus
THE STATE (NCT OF DELHI) & ANR. ..... Respondents
Through: Ms. Kiran Bairwa, APP for State with
SI Naresh Kumar, PS: Baba Haridas
Nagar, Delhi.
Mr. Rohan Kumar, Advocate for R-2
with R-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. 0569/2015, under Sections 498A/406/34 IPC, registered at
P.S.: Baba Haridas Nagar, Delhi and the proceedings emanating therefrom.
Chargesheet has been filed under Sections 498A/406/354A/34 IPC.
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 15.05.2014. 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 since 16.05.2015. On complaint of
respondent No. 2, present FIR was registered on 17.10.2015.
4. The matter is stated to have been amicably resolved between the
parties in terms of settlement deed dated 25.05.2023. The marriage between
petitioner No. 1 and respondent No. 2 has been dissolved by mutual consent
under Section 13B(2) of the Hindu Marriage Act as per decree of divorce
dated 14.10.2023.
5. Balance amount of Rs. 3,25,000/- has been paid to respondent No. 2
through Demand Draft No. 259345 dated 06.02.2024 drawn on Axis Bank,
Nazafgarh Branch, towards full and final settlement between the parties.
6. 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.
7. Petitioners as well as respondent No. 2 are present in person and have
been identified by SI Naresh Kumar, PS: Baba Haridas Nagar, 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.
8. 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. 0569/2015, under Sections 498A/406/
354A/34 IPC, registered at P.S.: Baba Haridas Nagar, Delhi 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 the learned Trial Court for
information.
ANOOP KUMAR MENDIRATTA, J.
FEBRUARY 21, 2024/R
