Delhi High Court
Silky Soni vs State Govt Of Nct Of Delhi & Anr. on 11 July, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~27 & 28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 11.07.2024
+ CRL.M.C. 1707/2021
SILKY SONI ..... Petitioner
Through: Mr.Ashish Verma and Mr.Kartikay
Bhargava, Advocates with petitioner
in person.
versus
STATE GOVT OF NCT OF DELHI & ANR. .... Respondents
Through: Mr.Yudhvir Singh Chauhan, APP for
State with SI Deepak Chhabra, P.S.
Janak Puri.
Mr.Vipin Gogia, Mrs.Jaspreet Gogia
and Ms.Varnika Gupta, Advocates
with respondent No.2 in person.
+ W.P.(CRL) 1218/2024
SHAMINDER PAL ASIJA & ORS. ..... Petitioners
Through: Mr.Vinay Kumar Sharma, Mr.Prince
and Mr.Aaditya, Advocates with
petitioners in person.
versus
STATE AND ANR. .... Respondents
Through: Mr.Yudhvir Singh Chauhan, APP for
State with SI Deepak Chhabra, P.S.
Janak Puri.
Mr.Vipin Gogia, Mrs.Jaspreet Gogia
and Ms.Varnika Gupta, Advocates
with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% JUDGMENT
Signature Not Verified
Digitally Signed
CRL.M.C. 1707/2021 & W.P.(CRL.) 1218/2024 Page 1 of 3
By:DINESH CHANDRA
Signing Date:30.07.2024
18:52:58
ANOOP KUMAR MENDIRATTA, J (ORAL)
CRL.M.A. 11818/2024 in W.P.(CRL) 1218/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL.M.C. 1707/2021 & CRL.M.A. 11894/2021
W.P.(CRL) 1218/2024
1. W.P.(CRL) 1218/2024 under Article 226 of the Constitution of India
read Section 482 Cr.P.C. has been preferred on behalf of the petitioners for
quashing of FIR No. 0097/2021, under Sections 498A/406/377/34 IPC
registered at P.S.: Janakpuri and proceedings emanating therefrom, on the
basis of settlement between the parties.
Learned counsel for petitioners further clarifies that earlier CRL.M.C.
1707/2021 under Section 482 of the Code of Criminal Procedure, 1973
('Cr.P.C.') had been preferred on behalf of the petitioner Silky Sony only for
quashing of said FIR on merits.
2. In brief, as per the case of the petitioners, marriage between petitioner
No.1 namely Shaminder Pal Asija and respondent No. 2 was solemnized
according to Sikh rites and ceremonies on 16.12.2012. A male child was
born out of the wedlock who is presently in the custody of petitioner No.1.
Due to temperamental differences, Shaminder Pal Asija and respondent No.2
started living separately. On complaint of respondent No. 2, present FIR was
registered on 23.03.2021.
3. The disputes are stated to have been amicably settled between the
parties vide Settlement Deed dated 06.05.2022. The marriage between
Shaminder Pal Asija and respondent No. 2 has been dissolved by decree of
divorce dated 22.11.2023, by way of mutual consent under Section 13B(2) of
the Hindu Marriage Act.
4. 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.
5. Petitioners and respondent No. 2 are present in person and have been
identified by SI Deepak Chhabra, P.S.: Janakpuri. 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.
6. 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. 0097/2021, under
Sections 498A/406/377/34 IPC registered at P.S.: Janakpuri 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 11, 2024/v
