SANDEEP KUMAR & ORS. vs STATE NCT OF DELHI AND ANR.

2024-05-13 Information

$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 13.05.2024
+ CRL.M.C. 1327/2024
SANDEEP KUMAR & ORS. ….. Petitioners
Through: Mr. Ravindra Pal Singh, Advocate with petitioners in person.
versus

STATE NCT OF DELHI AND ANR. …. Respondents
Through: Ms. Kiran Bairwa, APP for State with W/SI Shashi, P.S. Gulabi Bagh.
Mr. G.D. Sharma, Adv. 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)
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. 159/2015, under Sections 498A/406 IPC registered at P.S.: Gulabi Bagh/Pratap Bagh and proceedings emanating therefrom.
2. 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 15.05.1997. Two sons were born out of the wedlock. Due to temperamental differences, respondent No.2 and petitioner No.1 started living separately. On complaint of respondent No. 2 present FIR was registered on 27.06.2015.
3. The disputes are stated to have been amicably settled between the parties in terms of Settlement Deed dated 07.05.2022. A copy of the same has been handed over in Court, which is taken on record. The marriage between petitioner No. 1 and respondent No. 2 has been dissolved by decree of divorce dated 31.01.2023 by way of mutual consent under Section 13B(2) of the Hindu Marriage Act.
4. Balance amount of Rs. 2,00,000/- has been paid to respondent No.2 today through DD No.321763 dated 09.05.2024 drawn on Punjab National Bank, ICD, Loco Shed, Moradabad (U.P.) Branch in favour of respondent No.2, towards full and final settlement between the parties.
5. Learned APP for the State submits that in view of amicable settlement between the parties, the State has no objection in case the FIR in question is quashed.
6. Petitioners and respondent No. 2 in person have been identified by W/SI Shashi, P.S.: Gulabi 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 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. Consequently, FIR No. 159/2015, under Sections 498A/406 IPC registered at P.S.: Gulabi Bagh and the proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.
ANOOP KUMAR MENDIRATTA, J.
MAY 13, 2024/v

CRL.M.C. 1327/2024 Page 3 of 2