Delhi High Court
Mahender Ji Patwa Alias Mahender Pal And ... vs The State Nct Of Delhi And Anr. on 31 May, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 31.05.2024
+ CRL.M.C. 4760/2024
MAHENDER JI PATWA ALIAS MAHENDER PAL
AND ORS. ..... Petitioners
Through: Mr. Tanveer Ahmed, Advocate with
Petitioners-in-person.
versus
THE STATE NCT OF DELHI AND ANR. ..... Respondents
Through: Mr. Utkarsh, APP for State with
SI Sachin, PS: Khajuri Khas.
Mr. Aman Srivastava, Advocate for
R-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. 1044/2015, under Sections 498A/406/34 IPC and Section 4 of
Dowry Prohibition Act, registered at PS: Khajuri Khas 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 29.04.2013. Three children were 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 24.09.2015.
4. The disputes are stated to have been amicably settled between the
parties in terms of Settlement Deed dated 31.08.2016 and petitioner No. 1
and respondent No. 2 are thereafter residing together for the last eight years.
5. 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.
6. Petitioners and respondent No. 2 are present in person and have been
identified by SI Neeraj, PS: Subzi Mandi. 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. 1044/2015, under Sections 498A/406/34 IPC
and Section 4 of Dowry Prohibition Act, registered at PS: Khajuri Khas 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
