Delhi High Court
Ajay Sharma & Ors. vs The State Nct Of Delhi And Anr. on 4 March, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~80
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 04.03.2024
+ CRL.M.C. 1825/2024
AJAY SHARMA & ORS. ..... Petitioners
Through: Mr. Dinesh Kumar M., Mr. Manish
Malik and Mr. Jai Subhash Thakur,
Advocates with Petitioners-in-person.
versus
THE STATE NCT OF DELHI AND ANR. ..... Respondents
Through: Ms. Kiran Bairwa, APP for State with
SI Rakesh Kumar, PS:Swaroop Nagar.
Mr. Jyotsana Parashar, 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. 0862/2021, under Sections 498A/406/34 IPC, registered at
P.S.: Swaroop Nagar, Delhi and the proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for
respondent No. 2 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 12.03.2018. A child was born out of the wedlock, who is
presently in custody of respondent No. 2. On complaint of respondent No. 2,
present FIR was registered on 31.12.2021.
4. The disputes are stated to have been amicably resolved between the
parties with the intervention of relatives and both the parties have been
residing together for about past two years. An NOC cum affidavit has also
been filed on behalf of respondent No. 2 for quashing of present proceedings.
5. Learned APP for the State submits that in view of amicable settlement
between the parties, the State has no objection in case the FIR in question is
quashed.
6. Petitioners as well as respondent No. 2 are present in person and have
been identified by SI Rakesh Kumar, P.S.:Swaroop Nagar, Delhi. 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. 0862/2021, under Sections 498A/406/34 IPC,
registered at P.S.: Swaroop Nagar, Delhi 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 the learned Trial Court for
information.
ANOOP KUMAR MENDIRATTA, J.
MARCH 04, 2024/R
