Delhi High Court
Hemanth Raj P.V. & Ors. vs State Of Delhi Nct & Anr. on 2 February, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 02.02.2024
+ CRL.M.C. 835/2024
HEMANTH RAJ P.V. AND ORS. ..... Petitioners
Through: Ms. Seema Sharma, Mr. Utkarsh
Kumar, Ms. Rekha and Mr. Sandeep
Banerjee, Advocates with Petitioner
No.1-in-person and Petitioner Nos. 2
& 3 through VC.
versus
STATE NCT OF DELHI AND ANR. ..... Respondents
Through: Ms. Kiran Bairwa, APP with
W/SI Surabhi, PS: Mayur Vihar.
Ms. Shubhangi Jain, Ms. Shalini
Thakur, Ms. Sunanda Chowdhary and
Mr. Garv Shingari, Advocates with
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. 48/2017 under Sections 498A/406/34 IPC registered at PS: Mayur
Vihar PH-1, Delhi and the proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for
respondent No. 2 along with respondent No. 2 in-person appear on advance
notice and accept notice.
3. In brief, as per the case of the petitioner, marriage between petitioner
No. 1 and respondent No. 2 was solemnized according to Hindu rites and
ceremonies on 30.01.2015. A child was born out of the wedlock on
14.02.2016. Due to temperamental differences, respondent No. 2 and
petitioner No. 1 started living separately and on complaint of respondent No.
2, present FIR was registered on 13.02.2017.
4. The matter is stated to have been amicably resolved between the
parties in terms of settlement deed dated 05.01.2023 and the parties are
residing together since 22.12.2022.
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. 2 & 3 (through VC) and Petitioner No. 1 in person
alongwith respondent No. 2 have been identified by SI Surabhi, PS: Mayur
Vihar, 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. 48/2017 under Sections 498A/406/34 IPC
registered at PS: Mayur Vihar PH-1, Delhi and proceedings emanating
therefrom stand quashed.
Petition is accordingly disposed of. Pending application, if any, also
stands disposed of.
A copy of this order be forwarded to the learned Trial Court for
information.
ANOOP KUMAR MENDIRATTA, J.
FEBRUARY 02, 2024/R
