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HIGH COURT OF DELHI
Date of Decision: 30.07.2024
MR, JASROOP SINGH SODHI .....Petitioner
Through: Mr. Durgesh Rao, Mr. Chanchal, Mr. Manish Kumar, Mr. Sahil Singh, Mr. Krishna Yadav and Mr. Kushagra Yadav, Advocates alongwith petitioners (Jasroop Singh Sodhi and
Jatinder Kaur Sodhi).
Through: Ms. Meenakshi Dahiya, APP for State alongwith IO W/SI Ranjana P.S.
Subzi Mandi.
Mr. Ikrant Sharma, Ms. Shweta Sharma Mann Sehgal and Ms. Meenu Sharma, Advocates for R-2 alongwith
R-2 in person.
JUDGMENT
1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) read with Article 227 of the Constitution of India has been preferred on behalf of the petitioner for quashing of FIR No. 626/2021, under Sections 498A/406/34 IPC, registered at PS: Subzi Mandi and proceedings emanating therefrom.
2. In brief, as per the case of the petitioner, marriage between petitioner and respondent No. 2 was solemnized according to Sikh Rites and Customs on 13.04.2018. A male child was born out of the said wedlock, who is presently in custody of respondent No. 2. Due to matrimonial differences, petitioner and respondent No. 2 started living separately. On complaint of respondent No. 2, present FIR was registered on 16.11.2021.
3. The disputes have been amicably settled between the parties in terms of Settlement Agreement dated 07.08.2023. 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 04.03.2024.
4. A balance amount of Rs.4,00,000/- (Four Lakhs Only) has been paid to respondent No.2 today through a Bankers Cheque No.535682 dated May 03, 2024 drawn on Hastal, Vikaspuri, Delhi, in favour of respondent No.2.
5. 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.
6. Petitioners and respondent No. 2 are present in person and have been identified by SI Ranjana, PS: Subzi Mandi. 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. 626/2021, under Sections 498A/406/34 IPC, registered at PS: Subzi Mandi 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. JULY 30, 2024