Delhi High Court
Vikas Chaudhary & Anr. vs State Of Nct Of Delhi & Anr. on 29 February, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 29.02.2024
+ CRL.M.C. 1733/2024
VIKAS CHAUDHARY & ANR. ..... Petitioners
Through: Mr. Raja Panda and Mr. Nru Singh
Patro, Advs.
versus
STATE OF NCT OF DELHI & ANR. ..... Respondents
Through: Ms. Kiran Bairwa, APP for State with
SI Ravi Shankar, PS Patel Nagar.
Mr. Parminder Singh Goindi, Adv. 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. 0424/2019 under Sections 498A/406/34 IPC registered at P.S.: Patel
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 27.01.2016. No child was born out of the wedlock. Due to
temperamental differences between the parties, petitioner no. 1 and
respondent No. 2 started living separately since 05.10.2016. On complaint of
respondent No. 2, present FIR was registered on 30.12.2019.
4. The disputes are stated to have been amicably resolved between the
parties, in terms of Settlement Deed dated 15.12.2022. 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 29.03.2023.
5. Balance amount of Rs. 1,00,000/- (Rupees One Lac Only) has been
paid to respondent No. 2 today through DD No. 7840431 dated 11.01.2024
drawn on State Bank of India, Sadar Bazar Amballa Cantt. Branch in favour
of respondent No. 2, towards full and final settlement between the parties.
6. Learned counsel for the petitioners submits that Smt. Nirmal
Chaudhary, mother of petitioner no. 1 has expired during the course of
proceedings and her death cerficate has been annexed alongwith the petition.
7. 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.
8. Petitioners as well as respondent No. 2 are present in person and have
been identified by SI Ravi Shankar, PS Patel 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.
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. 0424/2019 under Sections 498A/406/34 IPC
registered at P.S.: Patel 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 29, 2024/akc
