Full Text
HIGH COURT OF DELHI
Date of Decision: 12.07.2024
MANJEET SINGH & ORS. ..... Petitioners
Through: Mr. Anil Ohlan and Mr. Arvind Yadav, Advocates
Through: Ms. Kiran Bairwa, APP for State
Mr. Neeraj Kumar, Advocate for R-2
JUDGMENT
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. 0117/2019, under Sections 498A/406/34 IPC, registered at PS: Moti Nagar and proceedings emanating therefrom. Chargesheet has been filed under Section 498A IPC.
2. In brief, as per the case of the petitioners, marriage between petitioner No. 1 and respondent No. 2 was solemnized according to Sikh rites and ceremonies on 04.06.2016. 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 15.03.2019. CRL.M.C. 2692 /2024
3. The disputes are stated to have been amicably settled between the parties in terms of Settlement Deed dated 11.04.2019. 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 04.12.2019.
4. 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.
5. Petitioners and respondent No. 2 are present in person and have been identified by SI Robin, PS: Moti Nagar. 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.
6. 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. 0117/2019, under Sections 498A/406/34 IPC, registered at PS: Moti Nagar 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 12, 2024