Delhi High Court
Akash And Ors vs The State Nct Of Delhi And Anr on 31 May, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 31.05.2024
+ CRL.M.C. 4497/2024
AKASH AND ORS. ..... Petitioners
Through: Mr.Siddharth Singh, Advocate with
petitioners in person.
versus
THE STATE NCT OF DELHI AND ANR. .... Respondents
Through: Mr.Utkarsh, APP for State with SI
Vipin Shokeen, P.S. New Usmanpur.
Ms.Komal, 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. 765/2021, under Sections 498A/406/34 IPC & Section 4 of D.P. Act
registered at P.S.: New Usmanpur 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 29.06.2020. No child was born out of the wedlock. 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 19.10.2021.
4. The disputes are stated to have been amicably resolved between the
parties in terms of Settlement Agreement dated 23.12.2023. The marriage
between petitioner No. 1 and respondent No. 2 has been dissolved by decree
of divorce dated 22.03.2024 by way of mutual consent under Section 13B(2)
of the Hindu Marriage Act.
5. Balance amount of Rs. 1,20,000/- has been paid to respondent No.2
today through DD No.242463 dated 30.05.2024 drawn on Punjab National
Bank, Pt. Yad Ram Pub. School, Bhajan Pura, Delhi Branch in favour of
respondent No.2.
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. Petitioners and respondent No. 2 are present in person and have been
identified by SI Vipin Shokeen, P.S.: New Usmanpur. 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. 765/2021, under Sections 498A/406/34 IPC &
Section 4 of D.P. Act registered at P.S.: New Usmanpur and the proceedings
emanating therefrom stand quashed.
Petition is accordingly disposed of. Pending applications, if any, also
stand disposed of.
ANOOP KUMAR MENDIRATTA, J.
MAY 31, 2024/v
