Yogender And Ors vs The State Nct Of Delhi And Anr.
2024 Latest Caselaw 2423 Del

Delhi High Court

Yogender And Ors vs The State Nct Of Delhi And Anr. on 20 March, 2024

Author: Anoop Kumar Mendiratta

Bench: Anoop Kumar Mendiratta

                          $~66
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                                Date of Decision: 20.03.2024
                          +      CRL. M.C. 2292/2024
                                 YOGENDER AND ORS.                                     ..... Petitioners
                                             Through:              Mr.Balkrishan Sharma, Advocate
                                                                   alongwith petitioners in person.

                                                    versus

                                 THE STATE NCT OF DELHI & ANR.            .... Respondents
                                               Through: Ms.Kiran Bairwa, APP with ASI
                                                        Ravinder Kumar, PS Ambedkar
                                                        Nagar.
                                                        Ms.Priya Gola, Advocate 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. 201/2023, under Sections 498A/406/34 IPC registered at P.S.: Ambedkar Nagar 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 10.12.2020. No child was born out of the wedlock. Due to temperamental differences, respondent No.2 and petitioner No.1 started living separately. On the complaint of respondent No.2, present FIR was registered on 09.05.2023.

4. The disputes are stated to have been amicably settled between the parties and the first motion for divorce, by way of mutual consent has been filed under Section 13B(1) of the Hindu Marriage Act.

5. A balance amount of Rs. 50,000/- is stated to have been paid to respondent No.2 today in cash 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 ASI Ravinder Kumar, P.S.: Ambedkar Nagar. 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. 201/2023, under Sections 498A/406/34 IPC registered at P.S.: Ambedkar Nagar 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 20, 2024/v