ASHRAF ALI @ BABLU & ORS. vs THE STATE OF GNCT & ANR.

$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 16.05.2024
+ CRL.M.C. 3676/2024
ASHRAF ALI @ BABLU & ORS. ….. Petitioners
Through: Mr. B. P. Pandey, Mr. Vikas Kumar and Mr. Meeraj Sahani, Advocates with Petitioners-in-person.
versus

THE STATE OF GNCT & ANR. ….. Respondents
Through: Ms. Kiran Bairwa, APP for State with W/ASI Sharda, PS: DPA Jharoda Kalan and SI Durgesh, PS: Dabri.
Ms. Neha Pandey, Ms. Pooja Kumari and Mr. Shubham Angrish, Advocates for R-2 with R-2 in-person.
CORAM:
HON’BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% J U D G M E N T
ANOOP KUMAR MENDIRATTA, J (ORAL)
CRL.M.A. 14095/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL.M.C. 3676/2024
1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioners for quashing of FIR No. 0631/2020, under Sections 498A/406/34 IPC registered at P.S.: Dabri and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for respondent No. 2 along with respondent No. 2 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 27.04.2009. Due to temperamental differences, respondent No. 2 and petitioner No. 1 started living separately. Present FIR was registered on complaint of respondent No. 2 on 09.08.2021.
4. The disputes are stated to have been amicably settled between the parties in terms of Settlement Deed dated 20.12.2023. The male child born out of the wedlock will be in custody of petitioner No. 1 and female child born out of the wedlock will be in custody of respondent No. 2. 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 18.03.2024.
5. Balance amount of Rs. 1,00,000/- has been paid to respondent No. 2 today through DD No. 004109 dated 07.05.2024 drawn on Axis Bank, Janakpuri, A Block, Delhi Branch in favour of respondent No. 2 towards full and final settlement.
6. 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.
7. Petitioners and respondent No. 2 are present in Court and have been identified by W/ASI Sharda, PS: DPA Jharoda Kalan. 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. Consequently, FIR No. 0631/2020, under Sections 498A/406/34 IPC registered at P.S.: Dabri 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.
MAY 16, 2024/R

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