Delhi High Court
Raj Kumar Gupta @ Raj Gupta & Ors. vs The State Of Nct Of Delhi & Anr. on 24 January, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~76
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 24.01.2024
+ CRL.M.C. 547/2024
RAJ KUMAR GUPTA @ RAJ GUPTA & ORS. ..... Petitioners
Through: Mr.Manish Sharma and Mr.Dheeraj
Kumar, Advocates with petitioners in
person
versus
THE STATE OF NCT OF DELHI & ANR. ..... Respondents
Through: Ms.Kiran Bairwa, APP for the State
with ASI Ghanshyam, P.S. Mandawali
Fazal Pur.
Mr.Sanjeev Kumar, Mr.Satyam
Saxena and Mr.Suaib Saifi, 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 has been preferred on behalf of the petitioners under Section
482 Cr.P.C for quashing of FIR No. 0353/2018 under Sections 498A/406/34
IPC registered at P.S.: Mandawali Fazal Pur.
2. Issue notice. Learned APP for the State/respondent No.1 and learned
counsel for 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 13.07.2016. A female child was born out of the wedlock who
is presently in the custody of respondent No.2. Due to temperamental
differences, respondent No.2 and petitioner No.1 could not live together and
have been living separately since 28.07.2018. On the basis of complaint of
respondent No.2, present FIR was registered.
4. The matter is stated to have been amicably settled between the parties
in terms of settlement which has been referred in the order dated 27.04.2022
passed by learned Principal Judge, Family Court, North-West, Rohini Courts
at the time of grant of First Motion of mutual divorce under Section 13-B(1)
of the Hindu Marriage Act. The marriage between the parties has been
dissolved by mutual consent under Section 13-B(2) of the Hindu Marriage
Act, vide decree dated 02.05.2023.
5. A balance amount of Rs.1,00,000/- has been paid to respondent No. 2
today through Banker's Cheque No.526865 dated 22.12.2023 drawn on State
Bank of India, Naharpur, 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.
7. Petitioners as well as respondent No.2 are present in-person in the
Court today and have been identified by SI Ghanshyam, PS: Mandawali
Fazal Pur. I have interacted with the parties and they confirm that the matter
has been mutually 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. 0353/2018 under Sections 498A/406/34 IPC
registered at P.S.: Mandawali Fazal Pur and the 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 concerned court for
information.
ANOOP KUMAR MENDIRATTA, J.
JANUARY 24, 2024/v
