Delhi High Court
Deepak & Ors. vs State Nct Of Delhi & Anr. on 18 March, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~67
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 18.03.2024
+ CRL. M.C. 2157/2024
DEEPAK & ORS. ..... Petitioners
Through: Mr.Manoj, Advocate alongwith
petitioners in person.
versus
STATE NCT OF DELHI & ANR. .... Respondents
Through: Mr.Ajay Vikram Singh, APP for the
State with SI Sher Singh, PS CWC,
Nanak Pura.
Mr.Harish Rawat and Ms.Renu
Tiwari, Advocates alongwith
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. 0018/2022, under Sections 498A/406/34 IPC registered at P.S.:
CWC, Nanak Pura and 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 21.07.2018. No child was born out of the wedlock. Due to
temperamental differences, respondent No.2 left the matrimonial home on
02.04.2021. Present FIR was registered on the complaint of respondent
No.2, on 15.06.2022.
4. The disputes have been amicably settled between the parties vide
Settlement Deed dated 04.10.2023. 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 21.12.2023.
5. Balance amount of Rs. 8,00,000/- has been paid to respondent No.2
today through DD No.199913 dated 02.03.2024 drawn on Union Bank of
India, Azadpur, Delhi Branch in favour of respondent No. 2.
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 No.1 to 6 as well as respondent No. 2 in person have been
identified by SI Sher Singh, PS: CWC, Nanak Pura. Presence of petitioner
No.7 (Bhoop Singh) is exempted. 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. 0018/2022, under Sections 498A/406/34 IPC
registered at P.S.: CWC, Nanak Pura 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 18, 2024/v
