ARJUN BHANDARI AND ORS vs STATE NCT OF DELHI AND ANR

2024-01-31 Information

$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 31.01.2024
+ CRL.M.C. 686/2024 & CRL.M.A. 2798/2024
ARJUN BHANDARI AND ORS. ….. Petitioners
Through: Ms. Purva Dua and Ms. Trisha Gupta, Advocates with Petitioners-in-person.
versus
STATE NCT OF DELHI AND ANR. ….. Respondents
Through: Ms. Kiran Bairwa, APP with SI Manisha, PS: GK-I.
Ms. Gauri Rajput, Advocate with Respondent No. 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. 0028/2023 under Section 498A/377/406/34 IPC registered at P.S.: Greater Kailash, Delhi and the proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for respondent No. 2 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 16.04.2022. Due to temperamental differences, respondent No. 2 and petitioner No. 1 could not live together and have been living separately since 21.05.2022. On complaint of respondent No. 2, after she returned back from U.K. to Delhi, present FIR was registered on 05.03.2023.
4. The matter is stated to have been amicably resolved between the parties in terms of settlement deed dated 23.05.2023. The marriage between petitioner No. 1 and respondent No. 2 is stated to have been dissolved by way of mutual consent under Section 13B(2) of the Hindu Marriage Act as per decree of divorce dated 11.12.2023.
5. A balance amount of Rs. 2,00,000/- has been paid to respondent No. 2 today through DD No. 570111 dated 25.01.2024 drawn on Canara Bank, Rajouri Garden, 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 appear through VC and respondent No. 2 appears in-person in the Court today and they have been identified by SI Manisha, PS: GK-I, 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. 0028/2023 under Section 498A/377/406/34 IPC registered at P.S.: Greater Kailash, Delhi and proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. Pending applications, if any, also stands disposed of.
A copy of this order be forwarded to the learned Trial Court for information.

ANOOP KUMAR MENDIRATTA, J.
JANUARY 31, 2024/R

CRL.M.C. 686/2024 Page 3 of 3