Delhi High Court
Rohan Choudhary vs State And Anr on 6 March, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 06.03.2024
+ CRL. M.C. 1893/2024
ROHAN CHOUDHARY ..... Petitioner
Through: Mr.H.P.Sharma and Mr.Roshan
Kumar, Advocates alongwith
petitioner in person.
versus
STATE THROUGH ITS SHO
P.S. AMAN VIHAR, NEW DELHI & ANR. .... Respondents
Through: Ms.Kiran Bairwa, APP with SI Ashish
Garg, PS Aman Vihar and SI Aarti
Jha, (IO), PS KNK Marg, Rohini.
Mr.Vishal Dabas, Advocate alongwith
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 petitioner for quashing of FIR
No. 77/2021, under Sections 498A/406/34 IPC registered at P.S.: Aman
Vihar 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 24.08.2020. No child was born out of the wedlock. Due to
temperamental differences, respondent No.2 and petitioner No.1 started
living separately since 26.09.2020. Present FIR was registered on the
complaint of respondent No. 2, on 10.02.2021.
4. The disputes have been amicably settled between the parties vide
Settlement Deed dated 01.12.2023. The first motion of divorce by way of
mutual consent has been allowed on 20.12.2023 by learned Principal Judge,
Family Courts, North-West, Rohini Courts, Delhi.
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. Petitioner as well as respondent No. 2 in person have been identified
by SI Ashish Garg, PS: Aman 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. 77/2021, under Sections 498A/406/34 IPC
registered at P.S.: Aman Vihar 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 learned Trial Court for
information and compliance.
ANOOP KUMAR MENDIRATTA, J.
MARCH 06, 2024/v
