Delhi High Court
Sh Jatin Chaudhary & Ors. vs State Govt Of Nct Of Delhi & Anr. on 18 March, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~71
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 18.03.2024
+ CRL.M.C. 2179/2024
SH JATIN CHAUDHARY & ORS. ..... Petitioners
Through: Mr. Sarvesh Kumar, Advocates with
Petitioners-in-person.
versus
STATE GOVT OF NCT OF DELHI & ANR. ..... Respondents
Through: Ms.Kiran Bairwa, APP for State with
SI Deepak, PS: Timarpur.
Mr. Narender Singh, Advocate for R-2
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. 0386/2017, under Sections 498A/406/34 IPC, registered at
P.S.: Timarpur, Delhi and the proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for
respondent No. 2 along with 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 10.03.2015. A male child was born out of the wedlock on
19.11.2016, who is presently in custody of respondent No. 2. Due to
temperamental differences, petitioner No. 1 and respondent No. 2 started
living separately since 17.12.2016. On complaint of respondent No. 2,
present FIR was registered on 29.08.2017.
4. The disputes are stated to have been amicably resolved between the
parties vide settlement deed dated 26.06.2023. 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 07.12.2023.
5. Balance amount of Rs. 4,95,000/- has been paid to respondent No. 2
today through DD No. 562644 dated 26.02.2024 drawn on State Bank of
India, Madhuban Branch, Delhi 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 as well as respondent No. 2 are present in person and have
been identified by SI Deepak, P.S.: Timarpur, Delhi. 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.
8. 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. 0386/2017, under Sections 498A/406/34 IPC,
registered at P.S.: Timarpur, 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 the learned Trial Court for
information.
ANOOP KUMAR MENDIRATTA, J.
MARCH 18, 2024/R
