Jatin Kumar Chaurasia & Ors. vs State Nct Of Delhi & Anr.
2024 Latest Caselaw 4451 Del

Delhi High Court

Jatin Kumar Chaurasia & Ors. vs State Nct Of Delhi & Anr. on 10 July, 2024

Author: Anoop Kumar Mendiratta

Bench: Anoop Kumar Mendiratta

                          $~33
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                              Date of Decision: 10.07.2024
                          +      CRL.M.C. 4423/2024
                                 JATIN KUMAR CHAURASIA & ORS.            ..... Petitioners
                                              Through: Mr.Sunil Kumar and Mr.Manish
                                                       Bhadauria, Advocates with petitioners
                                                       in person.

                                                    versus

                                 STATE NCT OF DELHI AND ANR.                .... Respondents
                                               Through: Mr.Yudhvir Singh Chauhan, APP for
                                                        State with SI Tarun Kumar, P.S. Civil
                                                        Lines.
                                                        Ms.Jyoti Sahu, 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. 58/2021, under Sections 498A/406/34 IPC registered at P.S.: Civil Lines and proceedings emanating therefrom. Section 354B IPC was subsequently invoked.

2. Issue notice. Learned APP for the State and learned counsel for

respondent No. 2 along with respondent No. 2 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 on 12.03.2018. No child was born out of the wedlock. Due to temperamental differences, petitioner No.1 and respondent No.2 started living separately. On complaint of respondent No. 2, present FIR was registered on 03.03.2021.

4. The disputes are stated to have been amicably settled between the parties in terms of Memorandum of Understanding dated 20.02.2024. The marriage between petitioner No. 1 and respondent No. 2 has been dissolved by decree of divorce dated 03.05.2024, by way of mutual consent under Section 13B(2) of the Hindu Marriage Act.

5. Balance amount of Rs.1,50,000/- has been paid to respondent No.2 today through DD No.011989 dated 16.05.2024 drawn on HDFC Bank, Gandhi Nagar, New Delhi Branch in favour of respondent No.2.

6. Learned APP for the State submits that in view of amicable settlement between the parties, he has no objection in case the FIR in question is quashed.

7. Petitioners and respondent No. 2 are present in person and have been identified by SI Tarun Kumar, P.S.: Civil Lines. 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. Continuation of proceedings would be nothing but an abuse of the process of Court. Consequently, FIR No. 58/2021, under Sections 354B/498A/406/34 IPC registered at P.S.: Civil Lines and the proceedings emanating therefrom stand quashed.

Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.

A copy of this order be forwarded to learned Trial Court for information.

ANOOP KUMAR MENDIRATTA, J.

JULY 10, 2024/v