Delhi High Court
Kunal Kumar Gupta & Ors. vs State Of Nct Of Delhi & Anr. on 4 March, 2025
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 04.03.2025
+ CRL.M.C. 1021/2025
KUNAL KUMAR GUPTA & ORS. .....Petitioners
Through: Mr. Sanyam Rastogi, Mr. Laksh
Yadav and Ms. Vishi Aggarwal, Advs.
alongwith petitioners (through VC).
versus
STATE OF NCT OF DELHI & ANR. .....Respondents
Through: Ms. Kiran Bairwa, APP for the State
with ASI Ravinder Tiwari and Insp.
Mantosh Kumar, PS: Shalimar Bagh.
Mr. Pulkit Gulati, Adv. for R-2
alongwith R-2 (through VC).
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. 469/2023, under Sections 498A/406/34 IPC registered at P.S.:
Shalimar Bagh and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for
respondent No.2 alongwith R-2 (through VC) 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 09.02.2022. 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
08.08.2023.
4. The disputes are stated to have been amicably settled between the
parties in terms of MoU dated 14.06.2024. The marriage between petitioner
No. 1 and respondent No. 2 has been dissolved by way of mutual consent
under Section 13B(2) of the Hindu Marriage Act vide decree dated
03.12.2024.
5. 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.
6. Petitioners and respondent No. 2 appear through VC and have been
identified by ASI Ravinder Tiwari, PS: Shalimar Bagh. 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
(through VC) 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. 469/2023 under Sections
498A/406/34 IPC registered at P.S.: Shalimar Bagh 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.
MARCH 4, 2025
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