MANPREET SINGH AND ORS vs STATE AND ANR

2024-04-16 Information

$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 16.04.2024
+ CRL.M.C. 2980/2024
MANPREET SINGH AND ORS ….. Petitioners
Through: Mr.Sumit Kr.Rana and Mr.Harshit Gupta, Advocates.

versus

STATE AND ANR ….. Respondents
Through: Ms.Kiran Bairwa, APP for State with SI Ramesh Chand, PS Gulabi Bagh.
Mrs.Brijinder Khurana, Advocate for R-2.
CORAM:
HON’BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% J U D G M E N T
ANOOP KUMAR MENDIRATTA, J (ORAL)
CRL.M.A. 11442/2024
Exemption allowed, subject to just exceptions.
Applications stand disposed of.
CRL.M.C. 2980/2024, CRL.M.A. 11441/2024
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. 0121/2015 under Sections 498A/406/34 IPC registered at P.S.: Gulabi Bagh, Delhi 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 13.11.2005. A male child was born out of wedlock on 29.01.2007, who is presently in custody of the petitioner No.1. Due to temperamental differences, respondent No.2 and petitioner No.1 could not live together and have been living separately. On complaint of respondent No. 2, present FIR was registered on 04.05.2015.
4. The disputes have been amicably resolved between the parties in terms of settlement deed dated 08.01.2020. 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 20.01.2024.
5. Balance amount of Rs.5,00,000/- (Five Lakh Only) has been paid to respondent No.2 today through DD No. 305744 dated 27.02.2024 drawn on J & K Bank, Navin Shadara, 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 as well as respondent No. 2 are present in-person and have been identified by respective counsels. 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. 0121/2015, under Sections 498A/406/34 IPC, registered at P.S.: Gulabi Bagh, Delhi and proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.

ANOOP KUMAR MENDIRATTA, J.
APRIL 16, 2024/VLD

CRL.M.C. 2980/2024 Page 3 of 3