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HIGH COURT OF DELHI
Date of Decision: 18.10.2024
KAMAL JEET SUMAN & ORS. .....Petitioners
Through: Mr.Arun Kr.Shukla, Mr. R. K. Dubey, Mr.Naman Shukla and Mr.Yashasth
Shukla, Advocates.
Through: Mr. Satinder Singh Bawa, APP
Mr.Sunil Kumar, Advocate for R-2
JUDGMENT
Exemption allowed, subject to just exceptions.
Application stands disposed of.
1. Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) has been preferred on behalf of the petitioners for quashing of FIR No. 0589/2021, under Sections 498A/406/34 IPC, registered at PS: Begumpur 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 petitioners, marriage between petitioner No.1 and respondent No. 2 was solemnized according to Hindu rites and ceremonies on 23.01.2007. Two children were born out of the wedlock, who are presently in custody of petitioner No. 1. Due to matrimonial differences, petitioner and respondent No. 2 started living separately. On complaint of respondent No. 2, present FIR was registered on 17.12.2021.
4. The disputes are stated to have been amicably settled between the parties in terms of the MoU dated 04.05.2024. 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 08.08.2024.
5. Learned APP for the State submits that in view of amicable settlement between the parties, he has no objection in case the FIR in question is quashed.
6. Petitioners and respondent No. 2 in person have been identified by SI Anoop Singh, PS: Begumpur. 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. The chances of conviction are bleak in view of amicable settlement between the parties. Consequently, FIR No. 0589/2021, under Sections 498A/406/34 IPC, registered at PS: Begumpur 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. OCTOBER 18, 2024