Delhi High Court
Amit Kumar Sharma & Ors. vs The State Of Nct Of Delhi & Anr. & Ors. on 27 February, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 27.02.2024
+ CRL.M.C. 1566/2024
AMIT KUMAR SHARMA & ORS. ..... Petitioners
Through: Mr.Dushyant Bhargava, Mr.Pawan
Mehta, Mr.Vikram Singh and
Mr.Nikhil Rawat, Advocates
alongwith petitioners in person.
versus
THE STATE OF NCT OF DELHI AND ANR. ..... Respondents
Through: Ms. Kiran Bairwa, APP for the State
with SI Manish, PS Welcome.
Mr.Manish Sharma and Ms.Riya
Goyal, Advocates 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. 756/2021, under Sections 498A/406/506/34 IPC and Section 4 of
Dowry Prohibition Act, registered at P.S.: Welcome and proceedings
emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for
respondent No.2 (through VC) 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 08.12.2019. No child was born out of the wedlock. Due to
temperamental differences, respondent No.2 and petitioner No.1 started
living separately. Present FIR was registered on the complaint of respondent
No. 2.
4. The matter has been amicably settled between the parties vide
Settlement Deed dated 09.11.2023. The first motion of divorce by way of
mutual consent is stated to have been allowed on 19.12.2023 by learned
Principal Judge, Family Courts, Karkardooma Courts.
5. An amount of Rs. 3,00,000/- has been paid today to respondent No.2
through Cheque No.136903 dated 27.02.2024 drawn on Canara Bank, Delhi
Rohtas Nagar Branch in favour of respondent No. 2 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 in person have been identified
by SI Manish, PS: Welcome. 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. 756/2021, under Sections 498A/406/506/34
IPC and Section 4 of Dowry Prohibition Act, registered at P.S.: Welcome
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 learned trial court for
information.
ANOOP KUMAR MENDIRATTA, J.
FEBRUARY 27, 2024/v
