Delhi High Court
Sh Lucky Garg & Ors. vs The State (Govt Of Nct Delhi) & Anr. on 12 July, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~101
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 12.07.2024
+ W.P.(CRL) 2090/2024
LUCKY GARG & ORS. .....Petitioners
Through: Mr. Abhishek Aggarwal, Mr. Deepak
Goswami, Mr. Sunil Rao, Ms. Varsha
Thakur and Ms. Renu Bhartiya, Advs.
versus
THE STATE (GOVT OF NCT DELHI) & ANR. .....Respondents
Through: Mr.Anand Khatri, ASC (Crl.) for State
with SI L. Lama and ASI Shubram,
PS Sagarpur.
Mr.Ankit Gupta and Mr.Vishal Jindal,
Advs. for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% JUDGMENT
ANOOP KUMAR MENDIRATTA, J (ORAL)
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. 836/2022 under Sections 498A/406/34 IPC registered at P.S.: Sagar
Pur and proceedings emanating therefrom.
2. Issue notice. Learned ASC 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 according to Hindu rites and
ceremonies on 22.02.2019. A female child was born out of the wedlock, who
is presently in the custody of respondent no. 2. 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
24.12.2022.
4. The disputes are stated to have been amicably settled between the
parties in terms of Settlement dated 05.02.2024. The marriage between
petitioner No. 1 and respondent No. 2 has been dissolved by decree of
divorce by way of mutual consent under Section 13B(2) of the Hindu
Marriage Act vide judgment dated 09.04.2024.
5. An amount of Rs. 5,00,000/- has been paid to respondent No. 2 today
through DD No. 836751 dated 31.05.2024 drawn on Punjab National Bank,
Rajindra Place, New Delhi Branch in favour of respondent No. 2.
6. Learned ASC 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 L. Lama and ASI Shubram, PS Sagarpur. 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. 836/2022 under Sections 498A/406/34 IPC
registered at P.S.: Sagar Pur and 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 12, 2024/akc
