Delhi High Court
Dinesh Kumar And Ors vs State Of Nct Of Delhi And Anr on 31 May, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 31.05.2024
+ CRL.M.C. 4741/2024
DINESH KUMAR AND ORS. ..... Petitioners
Through: Mr. Manish Kumar & Mr. Deepanshu
Gupta, Advocates with Petitioners
in-person.
versus
STATE OF NCT OF DELHI AND ANR. ..... Respondents
Through: Ms. Meenakshi Dahiya, APP for State
with SI Vijay Pal Singh, PS: CWC,
Nanak Pura.
Mr. Suroor Mander, Mr. Gaurav
Kumar, Mr. Kumar Nikhil,
Mr. Pradeep Singh Kanwal and
Mr. Sumit Kumar Gupta, Advocates
for Respondent No. 2 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. 0134/2017, under Sections 498A/406/34 IPC, registered at PS:
CWC / Nanakpura 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 02.05.2015. 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 24.10.2017.
4. The disputes are stated to have been amicably settled between the
parties in terms of Settlement Deed dated 12.01.2024. 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 13.05.2024.
5. Balance amount of Rs. 9,00,000/- has been paid to respondent No. 2
today through DD No. 500710 dated 30.05.2024 drawn on ICICI Bank,
Gurgaon, Haryana 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 Vijay Pal Singh, PS: CWC, Nanak Pura. 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. 0134/2017, under Sections 498A/406/34 IPC,
registered at PS: CWC / Nanakpura 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
