Delhi High Court
Kapil & Ors. vs State Of Gnct Of Delhi Through Sho & Anr. on 5 March, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 05.03.2024
+ CRL.M.C. 1861/2024
KAPIL & ORS. ..... Petitioners
Through: Mr.Montu and Mr.Jagdish Diwakar
Advocates with petitioners in person.
versus
STATE OF GNCT OF DELHI
THROUGH SHO & ANR. ..... Respondents
Through: Ms.Kiran Bairwa, APP with
Insp. Rajesh Vijay (SHO) & ASI Ajit
Kumar, PS Bharat Nagar.
Ms.Deepali Sharma and Mr.Praveen
Kumar, Advocates 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. 557/2020, under Sections 498A/406/34 IPC registered at P.S.:
Bharat Nagar and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for
respondent No.2 alongwith 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 19.02.2018. A female child was born out of wedlock. Due to
temperamental differences, respondent No.2 and petitioner No.1 started
living separately since 06.08.2019. Present FIR was registered on the
complaint of respondent No. 2, on 01.10.2020.
4. The disputes are stated to have been amicably settled between the
parties in terms of Settlement Agreement dated 26.11.2021 and the parties
are since residing together.
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 ASI Ajit Kumar, P.S.: Bharat Nagar. 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 they have been residing together happily 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. 557/2020, under Sections 498A/406/34 IPC
registered at P.S.: Bharat Nagar and the proceedings emanating therefrom
stand quashed.
Petition is accordingly disposed of. Pending application, if any, also
stand disposed of.
ANOOP KUMAR MENDIRATTA, J.
MARCH 05, 2024/v
