Delhi High Court
Dinesh Kumar & Ors. vs The State Of Delhi & Anr. on 21 February, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 21.02.2024
+ CRL.M.C. 426/2024
DINESH KUMAR & ORS. ..... Petitioners
Through: Mr.Puneet Dhawan, Advocate
alongwith petitioners in person.
versus
THE STATE (GNCT OF DELHI)
THROUGH SHO, P.S. KALKAJI & ANR. ..... Respondents
Through: Ms. Kiran Bairwa, APP for the State
with WSI Purvi Ahlawat, PS Tilak
Nagar.
Mr.Gaurav Tripathi, Advocate
alongwith 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. 13/2010, under Sections 498A/406/34 IPC registered at P.S.: Tilak
Nagar and proceedings emanating therefrom.
2. Proceedings against petitioners No.11 and 12 stand abated, since they
have expired.
3. 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.
4. 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 28.07.2007. No child was born out of the wedlock. Due to
temperamental differences, respondent No.2 and petitioner No.1 started
living separately since 06.09.2009. Present FIR was lodged on the complaint
of respondent No. 2 on 22.01.2010.
5. The matter has been amicably resolved between the parties vide
Settlement Agreement dated 21.04.2023 arrived at Mediation Centre, Tis
Hazari 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 19.09.2023.
6. Balance amount of Rs. 50,000/- has been paid today to respondent No.
2 through DD No.444264 dated 16.01.2024 drawn on Central Bank of India
in favour of respondent No. 2 towards full and final settlement between the
parties.
7. 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.
8. Petitioners as well as respondent No. 2 in person and Petitioner No.7,
Gulshan through VC; have been identified by W/SI Purvi Ahlawat, PS: Tilak
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.
9. 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. 13/2010, under Sections 498A/406/34 IPC
registered at P.S.: Tilak Nagar 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 learned Trial Court for
information.
ANOOP KUMAR MENDIRATTA, J.
FEBRUARY 21, 2024/v
