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VICKY AND ORS vs THE STATE NCT OF DELHI AND ANR

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$~77
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 13.05.2024

+ CRL.M.C. 3844/2024
VICKY AND ORS ….. Petitioners
Through: Mr. Neeraj Saini, Adv.

versus

THE STATE NCT OF DELHI AND ANR ….. Respondents
Through: Mr. Utkarsh, APP for State with main IO/SI Sarita, PS Uttam Nagar.
SI Meena Kumari, PS Baba Hari Das Nagar.
Mr. Saurabh Yadav, Adv. 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. 14668/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL.M.C. 3844/2024
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. 0968/2020 under Sections 498A/406/34 IPC registered at P.S.: Baba Haridas Nagar and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for respondent No. 2 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 25.02.2015. No child was born out of the wedlock. Due to temperamental differences, petitioner No.1 and respondent No.2 started residing separately. On complaint of respondent No.2 present FIR was registered on 20.11.2020.
4. The disputes have been amicably settled between the petitioner No. 1 and respondent No. 2 with the intervention of family members vide Memorandum of Understanding dated 03.07.2021.
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 and respondent No. 2 in person have been identified by SI Sarita, P.S.: Uttam Nagar. 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 0968/2020 under Sections 498A/406/34 IPC registered at P.S.: Baba Haridas Nagar and the 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 13, 2024/akc

CRL.M.C. 3844/2024 Page 1 of 3