Delhi High Court
Manish And Ors vs The State Nct Of Delhi And Anr on 31 May, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 31.05.2024
+ CRL.M.C. 4486/2024
MANISH AND ORS. ..... Petitioners
Through: Mr. R. Vasudev, Mr. Rahul Nagpal,
Ms. Pooja Gupta, Mr. Akash Gupta
and Mr. Vaseem Khan, Advocates
with Petitioners-in-person.
versus
THE STATE NCT OF DELHI AND ANR. ..... Respondents
Through: Ms. Meenakshi Dahiya, APP for State
with SI Mahendra Patel, PS: Narela.
Mr. Gopi Chand, Mr. Apurva Pandey,
and Mr. Satender Yadav, Advocates
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. 1131/2018, under Sections 498A/406/34 IPC, registered at
PS: Aman Vihar 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 24.02.2016. No child was born out of the wedlock. 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 12.11.2018.
4. The disputes are stated to have been amicably settled between the
parties in terms of Settlement Deed dated 13.07.2022. 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 23.03.2023.
5. Balance amount of Rs. 75,000/- has been paid to respondent No. 2
today through DD No. 000300 dated 28.03.2024 drawn on AU Small
Finance Bank, Janakpuri, 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 Mahendra Patel, PS: 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. 1131/2018, under Sections 498A/406/34 IPC,
registered at PS: Aman 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 31, 2024/R
