Delhi High Court
Ram Chander & Ors. vs State Nct Of Delhi And Anr. on 23 January, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 23.01.2024
+ W.P.(CRL) 228/2024
RAM CHANDER & ORS. ..... Petitioners
Through: Mr. Rishabh Gulati and Ms. Savita
Yadav, Advs. with petitioners in
person.
versus
STATE NCT OF DELHI AND ANR. ..... Respondents
Through: Ms. Rupali Bandhopadhya, ASC with
Mr. Abhijeet Kumar, Adv.
PSI Pradeep Kumar, PS Aman Vihar.
Ms. Aditi Srivastava, Adv. for R-2
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.
W.P.(CRL) 228/2024
1. Petition under Article 226 of the Constitution of India read with
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. 306/2023
under Sections 498A/406/34 IPC registered at P.S.: Aman Vihar, Delhi and
the proceedings emanating therefrom.
W.P.(CRL.) 228/2024 Page 1 of 3 W
2. Issue notice. Learned APP for the State appears on advance notice and
accepts notice. Ms. Aditi Srivastava, Advocate appears on behalf of
respondent no. 2 alongwith respondent no. 2 who is accompanied with her
brother.
3. In brief, as per the case of the petitioners, the marriage between
petitioner No.1 and respondent No.2 was solemnized according to Hindu
rites and ceremonies on 24.06.2007. Out of the wedlock, a baby girl was
born on 01.10.2014, who is in custody of respondent no.2.
4. Proceedings under D.V. Act, 125 Cr.P.C. were filed on behalf of
respondent no. 2 and also present FIR was registered on 21.06.2023.
5. The matter is stated to have been amicably resolved between the
parties in terms of Memorandum of Settlement dated 14.09.2023. The
marriage between the parties has also been dissolved by mutual consent
under Section 13-B(2) of the Hindu Marriage Act, vide decree dated
15.12.2023.
Balance amount of Rs.1,00,000/- (One Lakh Only) has been paid to
respondent No.2 today through DD No. 343652 dated December 16, 2023
drawn on Canara Bank, Nangloi-II Branch, New Delhi 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
arrived between the parties, the State has no objection in case the FIR in
question is quashed.
7. Petitioners as well as respondent No.2 are present in-person in the
Court today and have been identified by PSI Pradeep Kumar, PS Aman
Vihar. I have interacted with the parties and they confirm that the matter has
been amicably settled between them without any threat, pressure or coercion.
W.P.(CRL.) 228/2024 Page 2 of 3 W
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. 306/2023 under Sections 498A/406/34 IPC
registered at P.S.: Aman Vihar, Delhi and the proceedings emanating
therefrom stand quashed.
Petition is accordingly disposed of. Pending application, if any, also
stands disposed of.
ANOOP KUMAR MENDIRATTA, J.
JANUARY 23, 2024/akc
W.P.(CRL.) 228/2024 Page 3 of 3 W
