Delhi High Court
Yogesh Gupta & Anr. vs The State Govt. Of Nct Of Delhi And Anr. on 15 March, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~62
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 15.03.2024
+ CRL.M.C. 2118/2024
YOGESH GUPTA & ANR. ..... Petitioners
Through: Mr.Sharvan Kumar, Advocate with
Petitioners-in-person.
versus
THE STATE GOVT. OF NCT OF DELHI & ANR. ..... Respondents
Through: Ms.Kiran Bairwa, APP with ASI
Munni Khan, PS Shahdara.
Ms.Renu Gupta, Advocate 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. 0209/2017, under Sections 498A/406/34 IPC & Section 4 of the
D.P. Act, registered at P.S.: Shahdara 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 04.06.2013. A female child was born out of the wedlock who
is presently in custody of respondent No.2. Due to temperamental
differences, petitioner No. 1 and respondent No. 2 started living separately.
On complaint of respondent No. 2, present FIR was registered on
19.07.2017.
4. The disputes are stated to have been amicably resolved between the
parties in terms of Settlement Deed dated 19.01.2023. 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 21.11.2023.
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 are present in person and have
been identified by ASI Munni Khan, P.S.: Shahdara. 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. 0209/2017, under Sections 498A/406/34 IPC
& Section 4 of the D.P. Act, registered at P.S.: Shahdara 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 the learned Trial Court for
information.
ANOOP KUMAR MENDIRATTA, J.
MARCH 15, 2024/v
