MANISH GULATI & ORS. vs STATE (GNCT OF DELHI) & ANR.

2024-01-30 Information

$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 30.01.2024
+ CRL.M.C. 696/2024
MANISH GULATI & ORS. ….. Petitioners
Through: Mr. Rishabh Sahu and Mr. Sameer Sharma, Advocates with Petitioners in-person.
versus
STATE (GNCT OF DELHI) & ANR. ….. Respondents
Through: Ms. Kiran Bairwa, APP with SI Vijay Pal Singh, PS: Nanakpura.
Mr. Alok Bhachawat, Advocate.
CORAM:
HON’BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% J U D G M E N T

ANOOP KUMAR MENDIRATTA, J (ORAL)

CRL.M.A. 2817/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.

CRL.M.C. 696/2024
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. 20/2019 under Section 498A/406/34 IPC registered at P.S. : Crime (Women) Cell, nanakpura, Delhi and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for respondent No. 2 (through VC) alongwith respondent No. 2 in-person appear on advance notice and accept notice.
3. In brief, as per the case of the petitioner, marriage between petitioner No. 1 and respondent No. 2 was solemnized according to Hindu rites and ceremonies on 11.08.2012. A female child was born out of the wedlock on 11.05.2013. Due to temperamental differences, respondent No. 2 and petitioner No. 1 could not live together and have been living separately since 18.02.2018. On complaint of respondent No. 2, present FIR was registered.
4. The matter is stated to have been amicably resolved between the parties in terms of settlement deed dated 25.06.2022. The marriage between petitioner No. 1 and respondent No. 2 is stated to have been dissolved by decree of divorce dated 12.12.2023 by way of mutual consent under Section 13B(2) of the Hindu Marriage Act.
5. A balance amount of Rs. 13,00,000/- has been paid to respondent No. 2 today through cheque No. 106270 dated 30.01.2024 drawn on Bank of Maharashtra, F-1, F-2, D.D.A. Shoping Centre, Mayur Vihar Phase – 1, New Delhi Branch in favour of respondent No. 2 towards full and final settlement between the parties.
6. 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.
7. Petitioners as well as respondent No. 2 are present in-person in the Court today and have been identified by SI Vijay Pal Singh, PS: Crime (Women) Cell, Nanakpura, Delhi. 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. 20/2019 under Section 498A/406/34 IPC registered at P.S. : Crime (Women) Cell, Nanakpura, Delhi and proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. A copy of this order be forwarded to the learned Trial Court for information.

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

CRL.M.C. 696/2024 Page 3 of 3