SANDEEP JAIN & ORS. vs STATE NCT OF DELHI & ANR.
$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 15.04.2024
+ CRL.M.C. 2949/2024
SANDEEP JAIN & ORS. ….. Petitioners
Through: Mr. Nagesh Kr. Yadav and Mr. Baldeo Sharan, Advs.
versus
STATE NCT OF DELHI & ANR. ….. Respondents
Through: Ms. Kiran Bairwa, APP for State
SI Dinesh Kumar, P.S. Keshav Puram
Mr. R.R. Raju and Mr. Rajesh, Advs. for R-2
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. 526/2020, under Sections 498A/406/34 IPC registered at P.S.:Keshav Puram, Delhi.
2. Issue notice. Learned APP for the State and Mr. R.R. Raju, learned counsel for respondent No. 2 along with respondent no.2 in person, appear on advance notice and accept notice.
3. In brief, as per the case of petitioners, marriage between petitioner No.1 and respondent No. 2 was solemnized according to Hindu rites and ceremonies on 22.02.2002. Two children were born out of the wedlock. On complaint of respondent No.2, present FIR was registered on 02.09.2020.
4. The disputes are stated to have been amicably settled between the parties in terms of settlement deed dated 21.02.2024 and parties are further stated to be residing together.
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 are present in person and have been identified by SI Dinesh Kumar, PS Keshav Puram. 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. 526/2020, under Sections 498A/406/34 IPC registered at P.S.: Keshav Puram, stands 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.
APRIL 15, 2024/ns
CRL.M.C. 2949/2024 Page 1 of 2