Delhi High Court
Ritesh Rajpal & Ors. vs State Govt Of Nct Of Delhi & Anr. on 30 May, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 30.05.2024
+ W.P.(CRL) 1780/2024
RITESH RAJPAL & ORS. ..... Petitioners
Through: Ms. Sheeba Choudhary, Mr. Saurabh
Aggarwal, Mr. Abhimanyu Singh,
Mr. Amit Sharma, Mr. Ahal Singh,
Ms. Aradhna Singh, Ms. Nandini
Singh, Ms. Swati, Ms. Bhavya Ranjan,
Ms. Mona Rawat and Mr. Prince
Kanwar, Advocates with Petitioners
in-person.
versus
STATE GOVT OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Yasir Rauf Ansari, ASC (Crl.)
with Mr. Alok Sharma and Mr. Vasu
Agarwal, Advocate with SI Rajbir
Singh, PS: Anand Vihar 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) 1780/2024
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. 0560/2023,
under Sections 498A/406/34 IPC, registered at P.S.: Anand Vihar and
proceedings emanating therefrom.
2. Issue notice. Learned ASC for the State along with 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 Hindu rites and
ceremonies on 29.06.2012. Due to temperamental differences, petitioner
No. 1 and respondent No. 2 started living separately. On complaint of
respondent No. 2, present FIR was registered on 22.11.2023.
4. The disputes are stated to have been amicably settled between the
parties in terms of Settlement Deed dated 31.01.2024. 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 03.05.2024.
5. Balance amount of Rs. 5,00,000/- has been paid to respondent No. 2
today through DD No. 752148 dated 22.04.2024 drawn on IDFC First Bank,
Vivek Vihar, New Delhi Branch in favour of respondent No. 2.
6. Learned ASC for the State submits that in view of amicable settlement
between the parties, he has no objection in case the FIR in question is
quashed.
7. Petitioners and respondent No. 2 are present in person and have been
identified by SI Rajbir Singh, PS: Anand Vihar. 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. 0560/2023, under Sections 498A/406/34 IPC,
registered at P.S.: Anand Vihar and 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.
ANOOP KUMAR MENDIRATTA, J.
MAY 30, 2024/R
