Dinesh Kumar And ORS v. State Of NCT Of Delhi And ANR

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 31.05.2024 + DINESH KUMAR AND ORS.

..... Petitioners Through:

Mr. Manish Kumar & Mr. Deepanshu Gupta, Advocates with Petitioners in-person.

versus STATE OF NCT OF DELHI AND ANR.

..... Respondents Through:

Ms. Meenakshi Dahiya, APP for State with SI Vijay Pal Singh, PS: CWC, Nanak Pura.

Mr. Suroor Mander, Mr. Gaurav Kumar, Mr.

Kumar Nikhil, Mr. Pradeep Singh Kanwal and Mr. Sumit Kumar Gupta, Advocates for Respondent No.

with Respondent No. 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. 17719/2024 Exemption allowed, subject to just exceptions. Application stands disposed of.

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. 0134/2017, under Sections 498A/406/34 IPC, registered at PS:

CWC / Nanakpura and proceedings emanating therefrom. 2.

Issue notice. Learned APP for the State and learned counsel for respondent No. 2 along with respondent No. 2 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 02.05.2015. 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 24.10.2017.

4.

The disputes are stated to have been amicably settled between the parties in terms of Settlement Deed dated 12.01.2024. The marriage between petitioner No. 1 and respondent No. 2 has been dissolved by decree of divorce by way of mutual consent under Section 13B(2) of the Hindu Marriage Act vide judgment dated 13.05.2024.

5.

Balance amount of Rs. 9,00,000/- has been paid to respondent No. 2 today through DD No. 500710 dated 30.05.2024 drawn on ICICI Bank, Gurgaon, Haryana Branch in favour of respondent No. 2. 6.

Learned APP for the State submits that in view of amicable settlement between the parties, she has no objection in case the FIR in question is quashed.

7.

Petitioners and respondent No. 2 are present in person and have been identified by SI Vijay Pal Singh, PS: CWC, Nanak Pura. 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. 8.

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. 0134/2017, under Sections 498A/406/34 IPC, registered at PS: CWC / Nanakpura and 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 31, 2024/R