Delhi High Court
Sh. Sonu Kumar & Ors. vs The State Govt. Of Nct Of Delhi And Anr. on 21 March, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~69
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 21.03.2024
+ CRL. M.C. 2343/2024
SH. SONU KUMAR & ORS. ..... Petitioners
Through: Mr.Saurabh, Advocate alongwith
petitioners in person.
versus
THE STATE GOVT. OF NCT OF DELHI & ANR. ... Respondents
Thro0ugh: Mr.Ajay Vikram Singh, APP with SI
Devender, PS Alipur.
Mohd.Tariq and Mr.Vipin Gupta,
Advocates 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.0118/2019, under Sections 498A/406/34 IPC registered at
P.S.: Alipur 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 23.11.2015. A male 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 26.03.2019.
4. The disputes are stated to have been amicably settled between the
parties in terms of Settlement Deed dated 17.02.2023 and the parties are
residing together since 01.01.2022.
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 SI Devender, P.S.: Alipur. 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. 0118/2019, under Sections 498A/406/34 IPC
registered at P.S.: Alipur 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 learned Trial Court for
information and compliance.
ANOOP KUMAR MENDIRATTA, J.
MARCH 21, 2024/v
