Delhi High Court
Mahinder Singh & Ors. vs State (Govt. Of Nct Of Delhi) Through Sho ... on 7 October, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~82
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 07.10.2024
+ CRL.M.C. 7887/2024
MAHINDER SINGH & ORS. .....Petitioners
Through: Mr. Yogesh Sharma, Adv. alongwith
petitioners in person.
versus
STATE (GOVT. OF NCT OF DELHI) THROUGH SHO PS PALAM
VILLAGE & ANR. .....Respondents
Through: Mr. Satinder Singh Bawa, APP for the
State with SI Jaiveer, PS Palam
Village.
Mr. Rohit Kumar, Ms. Ananya
Behrawal, Mr. Prateek Chauhan and
Mr. Himanshu Verma, Advs. for R-2
alongwith 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 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023 ('BNSS') has been preferred on behalf of the petitioners for quashing
of FIR No. 127/2019 under Sections 498A/406/34 IPC registered at P.S.:
Palam Village and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for
respondent No.2 alongwith R-2 in person 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 06.02.2006. No child was born out of the wedlock. Due to
matrimonial differences, petitioner no. 1 and respondent No.2 started living
separately and on complaint of respondent No.2, present FIR was registered
on 19.03.2019.
4. The disputes are stated to have been amicably settled between the
parties in terms of the Settlement dated 05.07.2024 arrived before Principal
Counsellor, Family Courts, Dwarka. 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 07.09.2024.
5. An amount of Rs. 5,00,000/- has been paid to respondent No. 2 today
through DD No. 403815 dated 04.10.2024 drawn on State Bank of India,
Shastri Bhawan, Delhi 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 Jaiveer, PS: Palam Village. 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. The chances of conviction are bleak in view of amicable settlement
between the parties. Consequently, FIR No. 127/2019 under Sections
498A/406/34 IPC registered at P.S.: Palam Village 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
OCTOBER 7, 2024
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