Delhi High Court
Nigam Prakash & Ors. vs The State Nct Of Delhi & Anr. on 27 September, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~88
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 27.09.2024
+ CRL.M.C. 7694/2024 & CRL.M.A. 29356/2024
NIGAM PRAKASH & ORS. .....Petitioners
Through: Mr.Anurag Dhiroon, Advocate.
versus
THE STATE NCT OF DELHI & ANR. .....Respondents
Through: Mr. Satinder Singh Bawa, APP for the
State with Investigating Officer/ASI
Sunita & SI Partap Singh, PS: Mohan
Garden.
Mr. Manoj Kumar Bharti, Advocate
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.
1. Petition under Article 226 of the Constitution of India read with
Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been
preferred on behalf of petitioners for quashing of FIR No.0380/2023, under
Sections 498A/406/34 IPC, registered at P.S.: Mohan Garden 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 28.11.2022. 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
18.09.2023.
4. The disputes are stated to have been amicably settled between the
parties in terms of Settlement Deed dated 16.05.2024. Petition for First
Motion for dissolution of marriage by way of mutual consent under Section
13B(1) of Hindu Marriage Act has been allowed vide Order dated
07.06.2024.
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 ASI Sunita, PS: Mohan Garden. 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. The chances of conviction are bleak in view of amicable settlement
between the parties. Consequently, FIR No.0380/2023, under Sections
498A/406/34 IPC, registered at P.S.: Mohan Garden and proceedings
emanating therefrom stand quashed, subject to compliance of the terms and
conditions of Settlement Deed dated 16.05.2024 by the respective parties.
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/gs
