Delhi High Court
Manish Gulati & Ors. vs State (Gnct Of Delhi) & Anr. on 30 January, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 30.01.2024
+ CRL.M.C. 696/2024
MANISH GULATI & ORS. ..... Petitioners
Through: Mr. Rishabh Sahu and Mr. Sameer
Sharma, Advocates with Petitioners
in-person.
versus
STATE (GNCT OF DELHI) & ANR. ..... Respondents
Through: Ms. Kiran Bairwa, APP with
SI Vijay Pal Singh, PS: Nanakpura.
Mr. Alok Bhachawat, Advocate.
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. 20/2019 under Section 498A/406/34 IPC registered at P.S. : Crime
(Women) Cell, nanakpura, Delhi and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for
respondent No. 2 (through VC) alongwith 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 11.08.2012. A female child was born out of the wedlock on
11.05.2013. Due to temperamental differences, respondent No. 2 and
petitioner No. 1 could not live together and have been living separately since
18.02.2018. 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 25.06.2022. The marriage between
petitioner No. 1 and respondent No. 2 is stated to have been dissolved by
decree of divorce dated 12.12.2023 by way of mutual consent under Section
13B(2) of the Hindu Marriage Act.
5. A balance amount of Rs. 13,00,000/- has been paid to respondent
No. 2 today through cheque No. 106270 dated 30.01.2024 drawn on Bank of
Maharashtra, F-1, F-2, D.D.A. Shoping Centre, Mayur Vihar Phase - 1, 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.
7. Petitioners as well as respondent No. 2 are present in-person in the
Court today and have been identified by SI Vijay Pal Singh, PS: Crime
(Women) Cell, Nanakpura, 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. 20/2019 under Section 498A/406/34 IPC
registered at P.S. : Crime (Women) Cell, Nanakpura, Delhi and proceedings
emanating therefrom stand quashed.
Petition is accordingly disposed of. A copy of this order be forwarded
to the learned Trial Court for information.
ANOOP KUMAR MENDIRATTA, J.
JANUARY 30, 2024/R
