KUMAR ABHISHEK vs THE STATE GOVT. OF NCT OF DELHI & ANR.

2024-05-13 Information

$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 13.05.2024
+ CRL.M.C. 2728/2021 & CRL.M.A. 19703/2021
KUMAR ABHISHEK & ORS. ….. Petitioners
Through: Mr.Animesh Kumar, Mr.Nishant Kumar, Mr.Sumit Kumar, Ms.Aprajita and Mr.Ayush Kumar, Advocates. with petitioner No.1 (through VC).
versus

THE STATE GOVT. OF NCT OF DELHI & ANR. ….Respondents
Through: Mr.Utkarsh, APP for State with SI Rahul, P.S. Maidangarhi.
Mr.Manish Pratap Singh, Advocate with respondent No.2 (through VC).

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. 32/2019, under Sections 498A/406/34 IPC registered at P.S.: Maidangarhi 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. At the outset, learned counsel for the petitioners submits that since all the accused were not impleaded as petitioners in the initial memo of parties, an amended memo of parties has been filed on record.
4. 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 01.02.2017. No child was born out of the wedlock. Due to temperamental differences, respondent No.2 and petitioner No.1 started living separately. On complaint of respondent No. 2 present FIR was registered on 03.02.2019.
5. The disputes are stated to have been amicably settled between the parties in terms of Settlement Deed dated 16.03.2020. The marriage between petitioner No. 1 and respondent No. 2 has been dissolved by decree of divorce dated 22.03.2022 by way of mutual consent under Section 13B(2) of the Hindu Marriage Act, though a copy of the decree of divorce has not been placed on record.
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. Petitioner No.1 and respondent No. 2 (through VC) have been identified by SI Rahul, P.S.: Maidangarhi. Presence of petitioners No.2 to 4 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. 32/2019, under Sections 498A/406/34 IPC registered at P.S.: Maidangarhi and the proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.

ANOOP KUMAR MENDIRATTA, J.
MAY 13, 2024/v

CRL.M.C. 2728/2021 Page 3 of 3