Krishna Kanhaiya and Ors v. State of NCT of Delhi and Anr

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. 556/2020, under Sections 498A/406/34 IPC, registered at P.S.: Badarpur and proceedings emanating therefrom.

2. Issue notice. Learned APP for the State along with 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 03.03.2014. No child was born out of the wedlock. Due to matrimonial differences, petitioner No.1 and respondent No. 2 started living separately. On complaint of respondent No. 2, present FIR was registered on 25.11.2020.

4. The disputes are stated to have been amicably settled between the parties in terms of Settlement dated 18.07.2023 arrived at Mediation Centre, Saket Courts, New Delhi. 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 18.03.2024.

5. Balance amount of Rs. 50,000/- has been paid to respondent No. 2 today through online transfer.

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. Petitioner No.1 and respondent No. 2 (in person) & Petitioner No. 2 to 8 (through VC) have been identified by SI Mukesh, P.S. Badarpur. 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. The chances of conviction are bleak in view of amicable settlement between the parties. Consequently, FIR No. 556/2020, under Sections 498A/406/34 IPC, registered at P.S.: Badarpur 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 SEPTEMBER 18, 2024