Delhi High Court
Hemant Kumar And Ors vs The State Nct Of Delhi And Anr. on 31 May, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 31.05.2024
+ CRL.M.C. 4791/2024
HEMANT KUMAR AND ORS. ..... Petitioners
Through: Mr. Brijesh Kumar Sharma and
Mr. Sanjay Kumar Singh, Advocates
with Petitioner Nos. 1, 2 and 4
in-person.
versus
THE STATE NCT OF DELHI AND ANR. ..... Respondents
Through: Ms. Kiran Bairwa, APP for State with
SI Sanjay Kumar and ASI Pratap
Singh, P.S.: Nihal Vihar 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 petitioners for quashing of
FIR No. 0116/2020, under Sections 406/498A/34 IPC, registered at PS:
Nihal Vihar and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State 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 30.11.2017. A female 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 18.02.2020.
4. The disputes are stated to have been amicably settled between the
parties in terms of Settlement Deed dated 01.03.2023 and petitioner No. 1
and respondent No. 2 are thereafter residing together for the last one year.
5. 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.
6. Petitioner Nos. 1, 2 and 4 and respondent No. 2 are present in person
and have been identified by SI Sanjay Kumar, P.S.: Nihal Vihar. Presence of
petitioner No. 3 / Sunita Devi is exempted. 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.
7. 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. 0116/2020, under Sections 498A/406/34 IPC,
registered at PS: Nihal 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
