Delhi High Court
Gurinder Singh Suri And Ors vs State Nct Of Delhi And Anr on 20 March, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~68
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 20.03.2024
+ W.P.(CRL) 922/2024, CRL.M.A. 8802/2024
GURINDER SINGH SURI AND ORS. ..... Petitioners
Through: Mr. Rajesh Kumar, Advocate with
Petitioners-in-person.
versus
STATE NCT OF DELHI AND ANR. ..... Respondents
Through: Mr. Amol Sinha, ASC for State with
SI Yashpal Singh, PS: CAW Cell,
Nanak Pura, Delhi.
Mr. Charanjeet 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.
W.P.(CRL) 922/2024, CRL.M.A. 8802/2024
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. 0053/2023,
under Sections 498A/406/34 IPC, registered at P.S.: CAW Cell, Nanak Pura,
Delhi and the proceedings emanating therefrom.
2. Issue notice. Learned ASC for the State and learned counsel for
respondent No. 2 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 Sikh rites and
ceremonies on 17.04.1994. Two children were born out of the wedlock on
19.09.1995 and 17.08.2001 respectively. Due to temperamental differences,
petitioner No. 1 and respondent No. 2 started living separately since
17.10.2019. On complaint of respondent No. 2, present FIR was registered
on 03.08.2023.
4. The disputes have been amicably resolved between the parties vide
settlement deed dated 18.01.2024. 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 26.02.2024.
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. Petitioner No. 1 as well as respondent No. 2 are present in person and
have been identified by SI Yashpal Singh, PS: CAW Cell, Nanak Pura,
Delhi. I have interacted with them 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. 0053/2023, under Sections 498A/406/34 IPC,
registered at P.S.: CAW Cell, Nanak Pura, 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 20, 2024/R
