Delhi High Court
Jitender Kumar vs State Govt Of Nct Of Delhi And Anr on 3 September, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 03.09.2024
+ CRL.M.C. 4904/2024
JITENDER KUMAR .....Petitioner
Through: Mr. Jagmohan Singh Khera, Advocate
with petitioner-in-person.
versus
STATE GOVT OF NCT OF DELHI AND ANR. .....Respondents
Through: Mr. Tarang Srivastava, APP for the
State with SI Bharat, PS: Uttam Nagar
and SI Mamta, PS: Dwarka, Sec.-23
with R-2-in-person.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% JUDGMENT
ANOOP KUMAR MENDIRATTA, J (ORAL)
1. Petition under Section 482 of the Code of Criminal Procedure, 1973
('Cr.P.C.') has been preferred on behalf of the petitioner for quashing of FIR
No. 0650/2021, under Sections 498A/406 IPC, registered at PS: Uttam Nagar
and proceedings emanating therefrom.
2. In brief, as per the case of the petitioner, marriage between petitioner
and respondent No. 2 was solemnized according to Hindu Rites and
ceremonies on 27.07.2009. A male child was born out of the wedlock, who is
presently in custody of respondent No. 2. Due to matrimonial differences,
petitioner and respondent No. 2 started living separately. On complaint of
respondent No. 2, present FIR was registered on 16.08.2021.
3. The disputes are stated to have been amicably settled between the
parties in terms of settlement deed dated 05.08.2023 arrived at Counselling
Cell, Family Court, Dwarka Courts, New Delhi. The marriage between
petitioner 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 30.04.2024.
4. 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.
5. Petitioner and respondent No. 2 are present in person and have been
identified by SI Bharat, PS: Uttam Nagar. 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.
6. 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. 0650/2021, under Sections
498A/406 IPC, registered at PS: Uttam Nagar 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
SEPTEMBER 03, 2024/R
