DEEPAK @ SUNNY vs STATE NCT OF DELHI & ANR.

2024-05-02 Information

$~66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 02.05.2024
+ CRL. M.C. 3463/2024
DEEPAK @ SUNNY ….. Petitioner
Through: Mr. Bhavya Kohli, Mr. Sanskar Aggarwal and Mr. Rohit Singh, Advocates with petitioner-in-person.
versus
STATE NCT OF DELHI & ANR. …. Respondents
Through: Ms. Kiran Bairwa, APP with SI Ritu, PS: Shalimar Bagh and ASI Sushma Chauhan, PS: Mayapuri.
Mr. Rajesh Gehlawat, Advocate for R-2 with 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. 13313/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL.M.C. 3463/2024
1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) has been preferred on behalf of the petitioner for quashing of FIR No. 0620/2016, under Sections 498A/406/34 IPC, registered at PS: Shalimar Bagh and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for respondent No. 2 along with 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 and respondent No. 2 was solemnized according to Hindu rites and ceremonies on 21.04.2015. No child was born out of the wedlock. Due to temperamental differences, petitioner and respondent No. 2 started living separately. On complaint of respondent No. 2, present FIR was registered on 27.09.2016.
4. The disputes have been amicably resolved between the parties vide settlement deed dated 14.08.2023. First Motion for divorce by way of mutual consent under Section 13B(1) of the Hindu Marriage Act is stated to have been allowed.
5. 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.
6. Petitioner as well as respondent No. 2 are present in person and have been identified by ASI Sushma Chauhan, PS: Mayapuri. The father, mother and sister of the petitioner are stated to have been discharged by learned Trial Court vide order dated 14.08.2019. 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. 0620/2016, under Sections 498A/406/34 IPC, registered at PS: Shalimar Bagh and proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.
A copy of this order be forwarded to learned Trial Court for information.

ANOOP KUMAR MENDIRATTA, J.
MAY 02, 2024/R

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