Delhi High Court
Sh. Amandeep Singh Andors vs The State on 5 March, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 05.03.2024
+ CRL.M.C. 1674/2024
SH. AMANDEEP SINGH AND ORS. ..... Petitioners
Through: Mr. R. P. S. Bhatti, Advocate with
Petitioners-in-person.
versus
THE STATE & ANR. ..... Respondents
Through: Mr. Mukesh Kumar, APP for State
with SI Rishi Kumar, PS: Geeta
Colony along with Respondent No. 2
and her father 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. 0030/2019, under Sections 498A/406/34/377 IPC, registered at
P.S.: Geeta Colony, Delhi and the proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and respondent No. 2
alongwith her father 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 Sikh rites and
customs on 07.08.2016. No child was born out of the wedlock. Due to
temperamental differences between the parties, petitioner No. 1 and
respondent No. 2 started living separately. On complaint of respondent No.
2, present FIR was registered on 08.03.2019.
4. The disputes are stated to have been amicably resolved between the
parties vide settlement deed dated 08.08.2019. 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 26.02.2020.
5. Balance amount of Rs. 2,00,000/- has been paid to respondent No. 2
today through DD No. 776008 dated 02.02.2024 drawn on Indian Overseas
Bank, Krishna Nagar Branch, Delhi in favour of respondent No. 2, towards
full and final settlement between the parties.
6. 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.
7. Petitioners as well as respondent No. 2 along with her father are
present in person and have been identified by SI Rishi Kumar, P.S.: Geeta
Colony, 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.
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. 0030/2019, under Sections 498A/406/34/377
IPC, registered at P.S.: Geeta Colony, 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 05, 2024/R
