Sumit & Ors. vs The State Nct Of Delhi & Anr.
2024 Latest Caselaw 1782 Del

Delhi High Court

Sumit & Ors. vs The State Nct Of Delhi & Anr. on 28 February, 2024

Author: Anoop Kumar Mendiratta

Bench: Anoop Kumar Mendiratta

                          $~64
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                               Date of Decision: 28.02.2024
                          +     CRL.M.C. 1681/2024
                                SUMIT & ORS.                                            ..... Petitioners
                                                   Through:       Mr. Upendra Yadav, Mr. J. P. Singh
                                                                  and Mr. Vikrant Singh, Advocates
                                                                  alongwith petitioners in person.
                                              versus
                                THE STATE NCT OF DELHI AND ANR.         ..... Respondents
                                              Through: Ms. Kiran Bairwa, APP for the State
                                                       with WSI Ratan Bai, PS Sultanpuri.
                                                       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. 1015/2023, under Sections 498A/406/34 IPC registered at P.S.:

Sultanpuri.

2. Issue notice. Learned APP for the State and 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 17.11.2019. A female child was born out of the wedlock on 13.02.2022. On complaint of respondent No.2, present FIR was registered on 11.10.2023.

4. The disputes are stated to have been amicably settled between the parties and both petitioner No.1 and respondent No.2 are now residing together from last three months.

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. Petitioner Nos.1, 4 & 5 (in person), petitioners No. 2 & 3 (through V.C) and respondent No. 2 have been identified by W/SI Ratan Bai, PS:

Sultanpuri. 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. 1015/2023, under Sections 498A/406/34 IPC registered at P.S.: Sultanpuri 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