Delhi High Court
Sonu Kumar @ Sonu Mehta & Ors. vs State & Anr. on 12 March, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~76
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 12.03.2024
+ CRL.M.C. 1984/2024
SONU KUMAR @ SONU MEHTA & ORS. ..... Petitioners
Through: Mr. Raj Kumar, Adv. with petitioner
in person.
versus
STATE & ANR. ..... Respondents
Through: Ms. Kiran Bairwa, APP for State with
SI Sumeet, PS Vivek Vihar.
Ms. Bhagwanti Lalwani, Adv. for R-2
with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% JUDGMENT
ANOOP KUMAR MENDIRATTA, J (ORAL)
Exemption allowed, subject to just exceptions.
Applications stand 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. 0071/2018 under Sections 498A/406 IPC registered at P.S.: Vivek
Vihar, Delhi and the proceedings emanating therefrom. Chargesheet has
been filed under Section 498A/406/323/34 IPC.
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, the marriage between
petitioner No.1 and respondent No.2 was solemnized according to Hindu
rites and ceremonies on 25.04.2016. No child was born out of the wedlock.
Due to temperamental differences, respondent No. 2 and petitioner No. 1
started living separately since 29.11.2016. On complaint of respondent No.2,
present FIR was registered on 21.02.2018.
4. The disputes are stated to have been amicably resolved between the
parties, in terms of settlement dated 19.07.2023 arrived before Counselling
Cell, Family Courts (Shahdara District), Karkardooma Courts, Delhi. 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 decree dated 18.12.2023.
5. Balance amount of Rs. 1,00,000/- (One Lac Only) has been paid to
respondent No. 2 today through DD No. 000074 dated 06.03.2024 drawn on
HDFC Bank, Hisar 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 in the present case seek to invoke the powers under Section
482 of Code of Criminal Procedure. The same is to be used to secure the
ends of justice or to prevent the abuse of process of any Court. In which
cases, the power to quash the criminal proceedings or the complaint or FIR
may be used when the offender as well as victim have settled their dispute,
would depend upon the facts and circumstances of each case and no
generalised list or categories can be prescribed. However, the Court is
required to give due regard to the nature and gravity of the offence and
consider the impact on the society.
8. Petitioners as well as respondent No. 2 are present in person and have
been identified by SI Sumeet, PS Vivek 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.
9. 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. 0071/2018 under Sections 498A/406/323/34
IPC registered at P.S.: Vivek Vihar, 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 learned Trial Court for
information.
ANOOP KUMAR MENDIRATTA, J.
MARCH 12, 2024/akc
