Delhi High Court
Daleep Kumar Alais Dilip Bhagat vs The State And Anr on 30 May, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 30.05.2024
+ CRL.M.C. 4610/2024
DALEEP KUMAR @ DILIP BHAGAT & ANR. ..... Petitioners
Through: Mr.Rajiv Ranjan and Mr.B.S. Gautam,
Advocates with petitioner in person.
versus
THE STATE AND ANR. .... Respondents
Through: Ms.Kiran Bairwa, APP for State with
SI Mahendra Patel, P.S. Narela.
Mr.Shashi Ranjan Kumar, Advocate
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. 624/2015, under Sections 498A/406/34 IPC registered at P.S.:
Narela and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for
respondent No. 2 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 27.06.2010. A female child was born out of the wedlock who
is presently in custody of respondent No.2. Due to temperamental
differences, respondent No.2 and petitioner No.1 started living separately.
On complaint of respondent No. 2, present FIR was registered on
21.05.2015.
4. The disputes are stated to have been amicably resolved between the
parties in terms of Settlement Agreement dated 11.04.2019. The marriage
between petitioner No. 1 and respondent No. 2 has been dissolved by decree
of divorce dated 22.10.2019 by way of mutual consent under Section 13B(2)
of the Hindu Marriage Act.
5. Balance amount of Rs. 3,00,000/- has been paid to respondent No.2
today through DD No.024728 dated 29.05.2024 drawn on State Bank of
India, Rohini Sector-24, Delhi Branch in favour of respondent No.2.
6. Learned APP for the State submits that in view of amicable settlement
between the parties, she 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 Mahendra Patel, P.S.: Narela. 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. 624/2015, under Sections 498A/406/34 IPC
registered at P.S.: Narela 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.
MAY 30, 2024/v
