Pooran Singh @ Praveen Tyagi & ORS. v. The State (NCT Of Delhi) & ANR.
$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2441/2024 POORAN SINGH @ PRAVEEN TYAGI & ORS. ..... Petitioners Through:
Mr.Anil Kumar, Advocate with Petitioners-in-person.
versus THE STATE (NCT OF DELHI) & ANR.
..... Respondents Through:
Ms.Kiran Bairwa, APP with SI Abhishek, P.S. Jyoti Nagar.
Mr.Trilok Chand, Advocate with respondent No. 2 in-person.
CORAM:
HON'BLE MR.JUSTICE PURUSHAINDRA KUMAR KAURAV
O R D E R
% 25.04.2024 1.
The instant 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. 0311/2019, under Sections 498A/406/34 Indian Penal Code, 1860 ('IPC') registered at P.S.: Jyoti Nagar, Delhi and the proceedings emanating therefrom. Charge-sheet has been filed under Sections 498A/406/34 IPC.
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 14.11.2013. A male child was born out of the wedlock. Due to temperamental differences between the parties, petitioner No. 1 and CRL.M.C. 2441/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/04/2024 at 12:27:42
respondent No. 2 started living separately since August, 2016. Present FIR was registered on complaint of respondent No.2 on 09.09.2019. 4.
The disputes are stated to have been amicably resolved between the parties vide Settlement Deed dated 23.04.2022 and the parties thereafter have been living together.
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 are present in person and have been identified by SI Abhishek, P.S.: Jyoti Nagar, Delhi. 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 No. 0311/2019, under Sections 498A/406/34 IPC registered at P.S.: Jyoti Nagar, Delhi and the proceedings emanating therefrom stand quashed.
8.
Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.
9.
A copy of this order be forwarded to the learned Trial Court for information.
PURUSHAINDRA KUMAR KAURAV, J.
APRIL 25, 2024/v CRL.M.C. 2441/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/04/2024 at 12:27:42