Delhi High Court
Sawan Khokhar & Ors. vs State & Anr. on 27 September, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~91
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 27.09.2024
+ W.P.(CRL) 3007/2024, CRL.M.A. 29249/2024
SAWAN KHOKHAR & ORS. .....Petitioners
Through: Mr. DK Singh, Mr. Rahul Tyagi, Ms.
Nandini Singh, Mr. Sidharth, Mr.
Varun Thakur, Ms. Chitra Rekha
Singh, Mr. Hashim Khan, Advocates.
versus
STATE & ANR. .....Respondents
Through: Ms. Rupali Bandhopadhya, ASC with
Mr. Abhijeet Kumar & Mr. Shakti,
Advocates.
ASI Parmod Kumar, PS: Dayalpur.
Ms. Madhu Choudhary & Mr. Kailash
Kumar, Advocates for R-2 with 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.
W.P.(CRL) 3007/2024
1. Writ Petition under Article 226 of the Constitution of India read with
Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') has
been preferred on behalf of petitioners for quashing of FIR No.0297/2021,
under Sections 498A/406/34 IPC, registered at P.S.: Dayalpur and
proceedings emanating therefrom.
2. Issue notice. Learned ASC 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 09.02.2018. 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
23.07.2021.
4. The disputes are stated to have been amicably settled between the
parties in terms of Settlement Deed dated 19.02.2024 arrived at Delhi
Mediation Centre, Karkardooma Courts, Delhi. 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 31.05.2024.
5. An amount of Rs. 3,00,000/- has been paid to respondent No. 2 today
through DD No. 989454 dated 04.09.2024 drawn on State Bank of India,
Rajnagar, Ghaziabad in favour of respondent No. 2.
6. Learned ASC 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.
7. Petitioners and respondent No. 2 are present in person and have been
identified by ASI Parmod Kumar, PS: Dayalpur. 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.0297/2021, under Sections
498A/406/34 IPC, registered at P.S.: Dayalpur 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 27, 2024/g
