Sugeet Chopra & ANR v. The State & ANR

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6142/2019 SUGEET CHOPRA & ANR ..... Petitioners Through:

Mr.

Varun Singh, Advocate with petitioners in person.

versus THE STATE & ANR ..... Respondents Through:

Ms. Rajini Gupta, APP for the State with SI Shabnam Saify, PS Connaught place.

Complainant in person.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 10.01.2020 1.

This is a petition under Section 482 Cr.P.C. for quashing of FIR No.361/2017, under Section 498A/34 IPC, registered at Police Station- Dwarka South, Delhi, and all proceedings emanating therefrom.

2.

The brief facts of the case are that the petitioner No.1 and respondent No.2 got married on 17.01.2016 according to Hindu rites and ceremonies and they lived together as wife and husband with each other. No child was born out of this wedlock. After the marriage, with the passage of time the disputes and differences arose between them.

On 03.08.2017 the respondent No.2 got the above said FIR registered against the petitioners.

3.

Counsel for the petitioners submits that during the pendency of the trial, the parties have settled the matter amicably in terms of the Settlement Deed dated 19.12.2018 before the Mediation Centre, Dwarka, Courts, Delhi. Copy of the same is placed on record. Accordingly, the petition under Section 13-B(2) of the HMA Act was allowed and the marriage of the petitioner No.1 and respondent No.2 was dissolved vide decree dated 04.02.2019 passed by the Judge, Family Courts, Dwarka, Delhi.

4.

Respondent No.2 is present in Court today and she has been identified by the IO. The respondent No.2 admits that she has settled the matter amicably with the petitioners. She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. Respondent No.2 submits that nothing remains to be adjudicated further between them and she has no objection if the FIR in question is quashed.

5.

Learned counsel for the State submits that in view of the settlement between the parties, the State has no objection if the FIR in question be quashed.

6.

Keeping in view the above facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose will be served by keeping the case pending. It will be nothing but abuse of the process of law.

Consequentially, this petition is allowed and FIR No.361/2017, under Section 498A/34 IPC, registered at Police Station- Dwarka South, Delhi, and the proceedings emanating therefrom shall stand quashed.

7.

The present petition stands disposed of accordingly. Dasti. RAJNISH BHATNAGAR, J JANUARY 10, 2020 AK