Sandeep And Ors. vs State Nct Of Delhi And Anr
2024 Latest Caselaw 4649 Del

Delhi High Court

Sandeep And Ors. vs State Nct Of Delhi And Anr on 18 July, 2024

Author: Anoop Kumar Mendiratta

Bench: Anoop Kumar Mendiratta

                          $~41
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                               Date of Decision: 18.07.2024
                          +     CRL.M.C. 5220/2024
                                SANDEEP AND ORS.                                      ..... Petitioners
                                             Through:            Mr. Amt Dhankar and Mr. Ravi
                                                                 Yadav, Advocates with Petitioners-in-
                                                                 person.
                                                   versus
                             STATE NCT OF DELHI AND ANR.                ..... Respondents
                                           Through: Ms. Kiran Bairwa, APP for State with
                                                    SI Ashok Kumar, PS: Jaffarpur Kalan
                                                    with Respondent No. 2-in-person.
                             CORAM:
                             HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
                          %                JUDGMENT
                          ANOOP KUMAR MENDIRATTA, J (ORAL)

1. Petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') has been preferred on behalf of the petitioners for quashing of FIR No. 0069/2022 under Sections 498A/406/34 IPC, registered at P.S.: Jaffarpur Kalan and proceedings emanating therefrom. Chargesheet has been filed under Sections 498A/406/34/506 IPC.

2. 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 04.12.2017. A male child was born out of the wedlock. Due to temperamental differences, petitioner and respondent No. 2 started living separately. On complaint of respondent No. 2, present FIR was registered on 09.03.2022.

3. The disputes are stated to have been amicably settled between the parties in terms of Settlement Deed dated 18.11.2023 and petitioner No. 1

and respondent No. 2 are residing together.

4. Learned APP for the State submits that in view of amicable settlement between the parties, she 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 Ashok Kumar, PS: Jaffarpur Kalan. 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. It would be nothing but an abuse of the process of Court. Consequently, FIR No. 0069/2022 under Sections 498A/406/34/506 IPC, registered at P.S.: Jaffarpur Kalan 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 18, 2024/R