DEEPAK & ORS. vs STATE NCT OF DELHI & ANR.

2024-03-18 Information

$~67
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 18.03.2024
+ CRL. M.C. 2157/2024
DEEPAK & ORS. ….. Petitioners
Through: Mr.Manoj, Advocate alongwith petitioners in person.

versus

STATE NCT OF DELHI & ANR. …. Respondents
Through: Mr.Ajay Vikram Singh, APP for the State with SI Sher Singh, PS CWC, Nanak Pura.
Mr.Harish Rawat and Ms.Renu Tiwari, Advocates 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)
CRL.M.A. 8369/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL. M.C. 2157/2024
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. 0018/2022, under Sections 498A/406/34 IPC registered at P.S.: CWC, Nanak Pura 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 21.07.2018. No child was born out of the wedlock. Due to temperamental differences, respondent No.2 left the matrimonial home on 02.04.2021. Present FIR was registered on the complaint of respondent No.2, on 15.06.2022.
4. The disputes have been amicably settled between the parties vide Settlement Deed dated 04.10.2023. 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 21.12.2023.
5. Balance amount of Rs. 8,00,000/- has been paid to respondent No.2 today through DD No.199913 dated 02.03.2024 drawn on Union Bank of India, Azadpur, 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 to 6 as well as respondent No. 2 in person have been identified by SI Sher Singh, PS: CWC, Nanak Pura. Presence of petitioner No.7 (Bhoop Singh) is exempted. 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. 0018/2022, under Sections 498A/406/34 IPC registered at P.S.: CWC, Nanak Pura 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 18, 2024/v

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