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HIGH COURT OF DELHI
Date of Decision: 26.07.2024
LAKHAN SINGH & ORS. ..... Petitioners
Through: Mr. Amit Gupta, Mr. Kshitij Vaibhav, Ms.Muskan Nagpal and Mr.Himanshu
Madan, Advocates
Through: Ms. Manjeet Arya, APP for State
No. 2-in-person.
JUDGMENT
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. 0563/2022, under Sections 498A/406/34 IPC, registered at PS: Sangam Vihar 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 21.06.2021. 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 19.08.2022.
4. The disputes have been amicably settled between the parties in terms of Settlement Deed dated 16.03.2024 and petitioner No. 1 and respondent No. 2 are residing together.
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. All Petitioners except Petitioner No. 6 and respondent No. 2 are present in person and have been identified by ASI Kailash Joshi, PS: Sangam Vihar. Presence of petitioner No. 6 is exempted. 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. 0563/2022, under Sections 498A/406/34 IPC, registered at PS: Sangam Vihar 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 26, 2024