Shiv Kumar & ANR. v. State & ANR.

$~25 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 794/2020 SHIV KUMAR & ANR.

..... Petitioners Through:

Mr. R.S.Dakha and Mr. Sunny Jain, Advocates.

Petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Mr. M.S. Oberoi, APP for the State with SI Ajay Kumar.

Ms. Meena, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 13.02.2020 1.

Issue notice. Ld. APP for the State appears on advance notice and accepts notice. Counsel for respondentno.2 appears and accepts notice. 2.

This is a petition under Section 482 Cr.P.C. for quashing of FIR No.20/2017, under Sections 498A/406/34 IPC registered at Police Station- Burari, Delhi, and all proceedings emanating therefrom. 3.

The brief facts of the case are that petitioner No.1 and respondent No.2 got married on 24.04.2014 according to Hindu rites and customs and they lived together as wife and husband with each other. After the marriage, some disputes and differences arose between them and they started living separately since 9.7.2015. On 18.1.2017, the respondent No.2 got the above said FIR registered against the petitioners. 4.

Counsel for the petitioners submits that during the pendency of the trial, the petitioners and respondent No.2 have settled the matter

amicably and they are living together happily Since October 2018 and they blessed with one male child.

5.

Respondent No.2 is present in Court today and she has been identified by the IO. Respondent No.2 admits that she has settled the matter amicably with the petitioners and is living with petitioners happily. She further submits that the settlement has taken place voluntarily, without any force, pressure or coercion. She submit that nothing remains to be adjudicated further between them and respondent no. 2 has no objection if the FIR in question is quashed. 6.

Learned APP for the State submits that in view of the settlement, the State has no objection if the FIR in question be quashed. 7.

Keeping in view the above facts and circumstances, since the matter has been amicably settled between the parties and they are living together since October 2018, 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.20/2017, under Sections 498A/406/34 IPC registered at Police Station-Burari, Delhi, and the proceedings emanating therefrom are hereby quashed. 8.

The present petition stands disposed of accordingly. Dasti. RAJNISH BHATNAGAR, J FEBRUARY 13, 2020