Delhi High Court
Gaurav Verma & Anr. vs State Through Sho & Anr. on 28 February, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~67
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 28.02.2024
+ W.P.(CRL.) 689/2024
GAURAV VERMA & ANR. ..... Petitioners
Through: Mr. Rajeshwar Singh, Adv. alongwith
petitioners in person.
versus
STATE OF NCT OF DELHI AND ANR. ..... Respondents
Through: Ms. Rupali Bandhopadhya, ASC
(Crl.), GNCTD with SI Bhagwan
Singh, PS Ranhola.
Mr. Sachin Kumar, Adv. 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.
W.P.(CRL.) 689/2024
1. Petition under Article 226 of the Constitution of India read with
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. 377/2022,
under Sections 498A/406/34 IPC registered at P.S.: Ranhola and proceedings
emanating therefrom.
2. 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.
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 27.08.2017. No child was born out of the wedlock. Due to
temperamental differences, respondent No.2 and petitioner No.1 started
living separately since August, 2019. On the complaint of respondent No. 2,
present FIR was registered on 13.04.2022.
4. The disutes have been amicably settled between the parties vide
Compromise/Settlement Deed dated 19.10.2023 before Delhi Mediation
Centre, Tis Hazari Courts. 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 15.12.2023.
5. Balance amount of Rs. 2,00,000/- is stated to have been already paid
to respondent No.2 through DD No.009322 dated 05.02.2024 drawn on Bank
of Baroda, Safdarjung Hospital, New Delhi 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 Bhagwan Singh, PS: Ranhola. 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. 377/2022, under Sections 498A/406/34 IPC
registered at P.S.: Ranhola and the proceedings emanating therefrom stand
quashed.
Petition is accordingly disposed of. Pending applications, if any, also
stand disposed of.
ANOOP KUMAR MENDIRATTA, J.
FEBRUARY 28, 2024/v
