Delhi High Court
Sh Rajan & Ors. vs The State Nct Of Delhi And Anr. on 6 February, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~64
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 06.02.2024
+ CRL.M.C. 945/2024
SH RAJAN & ORS. ..... Petitioners
Through: Mr. M. K. Singh and Ms. Yamini
Vats, Advocates with Petitioners
in-person.
versus
THE STATE NCT OF DELHI AND ANR. ..... Respondents
Through: Ms. Kiran Bairwa, APP with
SI Manish, PS: Welcome.
Mr. Pankaj Kumar, Advocate 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. 0411/2019 under Sections 498A/406/34 IPC and Section 4 of
Dowry Prohibition Act, 1961 registered at PS: Welcome, 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 petitioners, marriage between petitioner
No. 1 and respondent No. 2 was solemnized according to Hindu rites and
ceremonies on 18.02.2012. Two baby girls were born out of the wedlock,
who are stated to be aged about 09 and 07 years, respectively. Due to
temperamental differences, respondent No. 2 and petitioner No. 1 started
living separately since 2017. On complaint of respondent No. 2, present FIR
was registered.
4. The matter is stated to have been amicably resolved between the
parties in terms of settlement deed dated 02.11.2022. The marriage between
petitioner No. 1 and respondent No. 2 is stated to have been dissolved by
way of mutual consent under Section 13B(2) of the Hindu Marriage on
23.09.2023.
5. Balance amount of Rs. 2,00,000/-, out of the total settlement amount
of Rs. 6,00,000/- has been paid to respondent No. 2 today through DD
No. 551596 dated 11.12.2023 drawn on Canara Bank, Pahar Ganj, 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. Petitoner No. 2 is state to have expired.
7. Petitioners and respondent No. 2 are present in the court today and
have been identified by SI Manish, PS: Welcome, 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.
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. 0411/2019 under Sections 498A/406/34 IPC
and Section 4 of Dowry Prohibition Act, 1961 registered at PS: Welcome,
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 06, 2024/R
