Delhi High Court
Rahul Mathur & Anr. vs State Of Nct Of Delhi & Anr. on 7 October, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~92
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 07.10.2024
+ CRL.M.C. 7451/2024
RAHUL MATHUR & ANR. .....Petitioners
Through: Mr.Ashok Kumar and Mr.Mahtab
Singh, Advocates with petitioners in
person.
versus
STATE OF NCT OF DELHI & ANR .....Respondents
Through: Mr.Satinder Singh Bawa, APP for
State with SI Pravin Singh, P.S.
Kanjhawla.
Mr.Amarjeet Kumar and Ms.Somya
Gairola, Advocates with respondent
No.2 in person.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% JUDGMENT
ANOOP KUMAR MENDIRATTA, J (ORAL)
1. Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023 ('BNSS') has been preferred on behalf of petitioners for quashing of
FIR No.0469/2018, under Sections 498A/406/34 IPC registered at P.S.:
Kanjhawla and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for
respondent No. 2 alongwith respondent No.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 08.12.2016. No child was born out of the wedlock. Due to
matrimonial differences, petitioner No.1 and respondent No. 2 started living
separately. On complaint of respondent No. 2, present FIR was registered on
21.11.2018.
4. The disputes are stated to have been amicably settled between the
parties in terms of Settlement Deed dated 15.02.2024. 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 22.05.2024.
5. Balance amount of settlement of Rs.50,000/- has been paid to
respondent No. 2 today through DD No. 503267 dated 19.09.2024 drawn on
Indian Bank, Kanjhawla 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 have been
identified by SI Pravin Singh PS: Kanjhawla. 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.0469/2018, under Sections
498A/406/34 IPC registered at P.S.: Kanjhawla 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 07, 2024/v
