Delhi High Court
Suresh & Ors. vs The State(Govt Of Nct Of Delhi) & Anr. on 30 July, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 30.07.2024
+ CRL.M.C. 3706/2024
SURESH & ORS. ..... Petitioners
Through: Mr. Manish Gupta, Ms. Snehlata and
Mr. Jugal Shiva Thakur, Advocates
with Petitioners-in-person.
versus
THE STATE (GOVT OF NCT OF DELHI) & ANR. ..... Respondents
Through: Ms. Meenakshi Dahiya, APP for State
with Ms.Ankita Kaushik, Ms.Vasuchit
Anand, Mr. Anvesh Chandik and
Mr. Shashank Harit, Advocates with
SI Khushbu Jha, PS: Anand Vihar.
Mr. R. P. S. Bhatti, Advocate for R-2
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. 0847/2015, under Sections 498A/406/34 IPC, registered at
PS: Anand Vihar (East) and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State along with respondent No. 2
in-person 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 09.09.2012. Two female children were born out of the
wedlock, who are presently in custody of respondent No. 2. Due to
matrimonial differences, petitioner No. 1 and respondent No. 2 started living
separately. On complaint of respondent No. 2, present FIR was registered on
21.12.2015.
4. The disputes have been amicably settled between the parties in terms
of Settlement Deed dated 19.09.2023. 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 09.01.2024.
5. 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.
6. Petitioners and respondent No. 2 are present in person and have been
identified by SI Khushbu Jha, PS: Anand Vihar. 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.
7. 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. 0847/2015, under Sections 498A/406/34 IPC,
registered at PS: Anand Vihar (East) 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 30, 2024/R
