SHRI RAHUL VERMA & ORS. vs STATE OF DELHI AND ORS.

2024-05-09 Information

$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 09.05.2024
+ CRL.M.C. 3077/2024
SHRI RAHUL VERMA & ORS. ….. Petitioners
Through: Mr. Pankaj Pandey and Ms. Geeta Shabarwal, Advocates with Petitioners in-person.
versus
STATE OF DELHI AND ANR. ….. Respondents
Through: Ms. Kiran Bairwa, APP for State with SI Parmod, PS: Sagar Pur.
Respondent No. 2 in-person along with counsel.
CORAM:
HON’BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% J U D G M E N T
ANOOP KUMAR MENDIRATTA, J (ORAL)
CRL.M.A. 11928/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL.M.A. 12026/2024
For the reasons stated in the application, the delay of 860 days in filing the petition is condoned.
Application stands disposed of.
CRL.M.C. 3077/2024
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. 0377/2019, under Sections 498A/406/34 IPC, registered at P.S.: Sagarpur 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 No. 1 and respondent No. 2 was solemnized according to Hindu rites and ceremonies on 30.11.2016. No child was born out of the wedlock. Due to temperamental differences, petitioner No. 1 and respondent No. 2 started living separately. On complaint of respondent No. 2, present FIR was registered on 19.09.2018.
4. The disputes have been amicably resolved between the parties vide settlement deed dated 27.02.2020. The marriage between petitioner No. 1 and respondent No. 2 is stated to have been dissolved by decree of divorce by way of mutual consent under Section 13B(2) of the Hindu Marriage Act in February, 2021, though the copy of judgment / decree has not been placed on record.
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. Petitioners as well as respondent No. 2 in person are present and have been identified by SI Parmod, PS: Sagar Pur. 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 he 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. 0377/2019, under Sections 498A/406/34 IPC, registered at P.S.: Sagarpur and proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.

ANOOP KUMAR MENDIRATTA, J.
MAY 09, 2024/R

CRL.M.C. 3077/2024 Page 3 of 3