Delhi High Court
Ashish Kapoor And Ors vs The State N.C.T. Of Delhi And Anr on 12 March, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~82
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 12.03.2024
+ W.P.(CRL) 824/2024
ASHISH KAPOOR AND ORS ..... Petitioners
Through: Mr.Arbind Kumar and Mr.Kumar
Dinesh, Advocates with petitioners in
person.
versus
THE STATE N.C.T. OF DELHI AND ANR ..... Respondents
Through: Mr.Anand V.Khatri, ASC (Crl.),
GNCTD with SI Sandeep Yadav, PS
Palam Village.
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.
W.P.(CRL) 824/2024
1. Petition under Article 226 of the Constitution of India read with
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. 0546/2023,
under Sections 498A/406/34 IPC registered at P.S.: Palam Village and
proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and 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 06.12.2021. No child was born out of the wedlock. Due to
temperamental differences, respondent No.2 and petitioner No.1 started
living separately since 01.05.2022. Present FIR was registered on the
complaint of respondent No. 2, on 21.08.2023.
4. The disputes have been amicably settled between the parties vide
Memorandum of Understanding/Settlement dated 16.09.2023. 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 14.12.2023.
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 in person have been identified
by SI, Sandeep Yadav, P.S.: Palam Village. 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. 0546/2023, under Sections 498A/406/34 IPC
registered at P.S.: Palam Village 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 12, 2024/v
