Delhi High Court
Sh Daya Kishan & Ors. vs The State Govt. Of Nct Of Delhi And Anr. on 27 February, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 27.02.2024
+ CRL.M.C. 226/2024
SH DAYA KISHAN & ORS. ..... Petitioners
Through: Mr.Nitin Raj, Advocate.
versus
THE STATE GOVT. OF NCT OF DELHI AND ANR.
..... Respondents
Through: Ms. Meenakshi Dahiya, APP with
SI Naresh Kumar, PS Baba Haridas
Nagar.
Mr. R.S. Yadav, 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. 295/2018 under Sections 498A/406/34 IPC registered at P.S.: Baba
Haridas Nagar, Delhi and the proceedings emanating therefrom.
2. Issue notice. Learned APP for the State as well as 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 on 14.02.2015. 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 05.05.2017. On complaint of
respondent No. 2, present FIR was registered on 16.10.2018.
4. The disputes have been amicably resolved between the parties with
intervention of family members and well-wishers. The marriage between
petitioner No. 1 and respondent No. 2 has been dissolved by decree of
divorce by mutual consent under Section 13B(2) of the Hindu Marriage Act
vide decree of divorce dated 19.10.2023.
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 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.
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. 295/2018 under Sections 498A/406/34 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 27, 2024/akc
