Delhi High Court
Sudhir Kumar vs State Nct Of Delhi And Anr on 30 May, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 30.05.2024
+ CRL.M.C. 4664/2024
SUDHIR KUMAR ..... Petitioner
Through: Mr. Sanjay Upaydhay, Mr. Raj Mani
Mishra and Mr. Shivam Singh,
Advocates with Petitioner-in-person.
versus
STATE NCT OF DELHI AND ANR. ..... Respondents
Through: Mr. Utkarsh, APP with SI Sonu
Kumar Jha, P.S.: Ambedkar Nagar.
Mr. Ashish Arya and Mr. Krishan
Kumar Sharma, Advocates and
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 petitioner for quashing of FIR
No. 0571/2019, under Sections 498A/406/34 IPC registered at P.S.:
Ambedkar Nagar and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State along with respondent No. 2
and learned counsel for respondent No. 2 appear on advance notice and
accept notice.
3. In brief, as per the case of the petitioners, marriage between petitioner
and respondent No. 2 was solemnized according to Hindu rites and
ceremonies on 04.03.2016. Due to temperamental differences, petitioner
and respondent No. 2 started living separately. On complaint of respondent
No. 2, present FIR was registered on 26.12.2019.
4. The disputes are stated to have been amicably settled between the
parties in terms of Settlement Deed dated 18.04.2022. The marriage between
petitioner 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 03.10.2023.
5. Balance amount of Rs. 1,00,000/- has been paid to respondent No. 2
today through DD No. 677078 dated 22.05.2024 drawn on Canara Bank,
Chipyana Buzurg, Uttar Pradesh Branch in favour of respondent No. 2
towards full and final settlement.
6. Learned APP 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. Petitioner and respondent No. 2 are present in person and have been
identified by SI Sonu Kumar Jha, 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. 0571/2019, under Sections 498A/406/34 IPC
registered at P.S.: Ambedkar Nagar 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
