Delhi High Court
Mukesh Kumar & Ors. vs The State & Anr. on 6 February, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~63
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 06.02.2024
+ CRL.M.C. 923/2024
MUKESH KUMAR & ORS. ..... Petitioners
Through: Mr. Pawan Kumar, Advocate with
Petitioners-in-person.
versus
THE STATE & ANR. ..... Respondents
Through: Ms. Kiran Bairwa, APP with ASI Shiv
Dutt, PS: Kotla Mubarak Pur.
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. 0253/2021, under Sections 498A/406/34 IPC, registered at
PS: Kotla Mubarak Pur, 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 23.01.2019. A child namely master 'J' was born out of the
wedlock on 14.05.2020. Due to temperamental differences, respondent No. 2
and petitioner No. 1 started living separately since 21.08.2020 and on
complaint of respondent No. 2, present FIR was registered. Proceedings are
stated to be pending before Ms. Sanghmitra, learned MM, (Mahila Court),
South East District, Saket Courts Complex, Saket, New Delhi.
4. The matter is stated to have been amicably resolved between the
parties in terms of Memorandum of Understanding / settlement deed dated
17.04.2023. 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 Act as per decree of divorce dated 01.08.2023.
5. A balance amount of Rs. 1,00,000/- has been paid to respondent No. 2
today through Bankers Cheque No. 398989 dated 16.10.2023 drawn on State
Bank of India, R. K. Puram, 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. Petitioner Nos. 1, 3 and 4 and respondent No. 2 are present in the court
today and have been identified by ASI Shiv Dutt, PS: Kotla Mubarakpur,
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. 0253/2021 under Sections 498A/406/34 IPC
registered at PS: Kotla Mubarak Pur, 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
