Delhi High Court
Jay Nardev & Ors. vs The State Nct Of Delhi And Anr. on 30 May, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~75
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 30.05.2024
+ CRL.M.C. 4680/2024
JAY NARDEV & ORS. ..... Petitioners
Through: Mr. Nagender Singh Tomar, Adv.
with petitioners in person.
versus
THE STATE NCT OF DELHI AND ANR. ..... Respondents
Through: Ms. Meenakshi Dahiya, APP for State
with SI Vipin, PS Keshav Puram.
Mr. Manu Sisodia and Ms. Hina
Rajput, Advs. for R-2 with R-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. 0546/2018 under Sections 498A/406/34 IPC registered at P.S.:
Keshav Puram and proceedings emanating therefrom. Chargesheet has been
filed under Sections 498A/406/506/323/34 IPC.
2. Issue notice. Learned APP for the State and learned counsel for
respondent No. 2 alongwith 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 27.02.2017. 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 11.12.2018.
4. The disputes are stated to have been amicably settled between the
parties in terms of Compromise Deed dated 27.09.2023. 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 09.04.2024.
5. Balance amount of Rs. 1,25,000/- has been paid to respondent No.2
today through DD No. 504847 dated 10.05.2024 drawn on ICICI Bank,
Connaught Place, New 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 Vipin, PS: Keshav Puram. 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. 0546/2018 under Sections 498A/406/34 IPC
registered at P.S.: Keshav Puram 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/akc
