RAVINDER & ORS. vs STATE OF NCT OF DELHI AND ANR.

2024-01-30 Information

$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 30.01.2024
+ CRL.M.C. 193/2024
RAVINDER & ORS. ….. Petitioners
Through: Mr. Suraj Pal Singh and Mr. Bharat, Advs. with all petitioners.

versus

STATE OF NCT OF DELHI AND ANR. ….. Respondents
Through: Ms. Kiran Bairwa, APP for State with W/SI Neeraj, PS Dwarka South.
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. 767/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL.M.C. 193/2024
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. 0202/2016 under Sections 498A/406/34 IPC registered at P.S.: Dabri, Delhi and the proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and respondent No.2 in person appear on advance notice and accept notice.
3. In brief, as per the case of the petitioners, the marriage between petitioner No.1 and respondent No.2 was solemnized in Delhi according to Hindu rites and ceremonies on 12.02.2013. Due to temperamental differences, respondent No.2 and petitioner No.1 could not live together and have been living separately since 09.03.2014. Further, on the basis of complaint of respondent no. 2, the present FIR was registered on 22.02.2016.
4. The matter is stated to have been amicably resolved between the parties in terms of settlement agreement dated 12.03.2021. The marriage between the parties has been dissolved by mutual consent under Section 13-B(2) of the Hindu Marriage Act, vide decree dated 29.11.2021.
5. Learned APP for the State submits that in view of amicable settlement arrived between the parties, the State has no objection in case the FIR in question is quashed.
6. Petitioners as well as respondent No.2 are present in-person in the Court today and have been identified by SI Neeraj, PS: Dwarka South. 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. 0202/2016 under Sections 498A/406/34 IPC registered at P.S.: Dabri, Delhi and the proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. Pending application, if any, also stands disposed of.

ANOOP KUMAR MENDIRATTA, J.
JANUARY 30, 2024/akc

CRL.M.C. 193/2024 Page 3 of 3 W.