Delhi High Court
Ankush Garg And Anr. vs State Of Nct Of Delhi & Anr. on 28 February, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~68
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 28.02.2024
+ W.P.(CRL.) 693/2024
ANKUSH GARG AND ANR. ..... Petitioners
Through: Mr. Reepak Kansal, Adv. alongwith
petitioners in person.
versus
STATE OF NCT OF DELHI AND ANR. ..... Respondents
Through: Ms. Rupali Bandhopadhya, ASC
(Crl.), GNCTD with WSI Sakshi, PS
Hari Nagar.
Mr. Nikhil Kataria, Adv. alongwith
respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% JUDGMENT
ANOOP KUMAR MENDIRATTA, J (ORAL)
CRL.M.A. Nos. 6429-30/2024
Exemption allowed, subject to just exceptions.
Applications stand disposed of.
W.P.(CRL.) 693/2024
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. 0195/2023, under Sections 498A/406/34 IPC registered at P.S.: Hari
Nagar 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 07.07.2022. 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 on 09.07.2023.
4. The disputes have been amicably settled between the parties vide
Compromise Deed dated 18.10.2023. 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 07.12.2023.
5. Balance amount of Rs. 5,00,000/- out of total settlement amount of
Rs.8,00,000/- has been paid today to respondent No.2 through DD
No.201563 dated 17.01.2024 drawn on Standard Chartered Bank 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 WSI Sakshi, PS: Hari 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.
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. 0195/2023, under Sections 498A/406/34 IPC
registered at P.S.: Hari Nagar 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
