Delhi High Court
Prithvi Raj Singh & Ors. vs State Nct Of Delhi & Anr. on 11 March, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 11.03.2024
+ CRL.M.C. 244/2024
PRITHVI RAJ SINGH & ORS. ..... Petitioners
Through: Mr. Chandra Shekhar and Mr.
Prashant Shekhar, Advs.
versus
STATE NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Mukesh Kumar, APP for State.
Mr.Shekhar G Devasa, Mr.Manish
Tiwari and Ms.Thashmitha Muthanna,
Advs. for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% JUDGMENT
ANOOP KUMAR MENDIRATTA, J (ORAL)
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. 0233/2023 dated 09.08.2023 under Sections 498A/406/34 IPC
registered at P.S.: Safdarjung Enclave, Distt. South, Delhi and the
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 02.05.2014. Due to temperamental differences between the
parties, petitioner no. 1 and respondent No. 2 started living separately since
23.11.2016. A daughter was born out of the wedlock on 24.07.2017. On
complaint of respondent No. 2, present FIR was registered on 09.08.2023.
4. The disputes between the parites are stated to have been amicably
resolved between the parties, in terms of Settlement Deed dated 08.11.2023.
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 15.02.2024.
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 no. 1 to 4 and respondent No. 2 (in person) and petitioner
no. 5 (through VC) have been identified by their respective counsels. 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.
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. 0233/2023 dated 09.08.2023 under Sections
498A/406/34 IPC registered at P.S.: Safdarjung Enclave, Distt. South, Delhi
and the proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. Pending applications, if any, also
stand disposed of.
ANOOP KUMAR MENDIRATTA, J.
MARCH 11, 2024/akc
