CHITRANSHU AGGARWAL & ORS. vs THE STATE NCT OF DELHI AND ANR.

2024-03-20 Information

$~62
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 20.03.2024
+ CRL. M.C. 2276/2024
CHITRANSHU AGGARWAL & ORS. ….. Petitioners
Through: Ms.Tripti, Advocate alongwith petitioners in person.

versus

THE STATE NCT OF DELHI & ANR. …. Respondents
Through: Mr.Ajay Vikram Singh, APP with SI Ritu, PS Ashok Vihar.
Mr.Aditya Kaushik, Advocate alongwith 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. 464/2020, under Sections 498A/406/34 IPC registered at P.S.: Ashok Vihar and 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 petitioners, marriage between petitioner No. 1 and respondent No. 2 was solemnized according to Hindu rites and ceremonies on 31.08.2017. No child was born out of the wedlock. Due to temperamental differences, respondent No.2 and petitioner No.1 started living separately since July, 2018. On the complaint of respondent No.2, present FIR was registered on 12.11.2020.
4. The disputes are stated to have been amicably settled between the parties vide Settlement Deed dated 17.12.2022. The marriage between petitioner No. 1 and respondent No. 2 has been dissolved by decree of divorce by way of mutual consent under Section 13B(2) of the Hindu Marriage Act vide judgment dated 30.11.2023.
5. An amount of Rs. 1,50,000/- have been paid to respondent No.2 today through DD No.137888 dated 30.01.2024 drawn on Punjab National Bank, Satyawati College, Ashok Vihar, Delhi Branch in favour of respondent No.2.
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 No.1 and 2 (petioners No.3 and 4 through VC) as well as respondent No. 2 in person have been identified by SI Ritu, P.S.: Ashok Vihar. 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. 464/2020, under Sections 498A/406/34 IPC registered at P.S.: Ashok Vihar and the proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.

ANOOP KUMAR MENDIRATTA, J.
MARCH 20, 2024/v

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