Gladwin Vincent Solomon and Ors. v. State 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. 0228/2019, under Sections 498A/406/34 IPC registered at P.S.: Burari 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 the petitioners, marriage between son of petitioners No.1 and 2 namely Nitin Solomon (since deceased) and respondent No. 2 was solemnized according to Christian rites and ceremonies on 26.10.2016. A male child was born out of the wedlock. Due to temperamental differences, respondent No.2 started living separately. On complaint of respondent No. 2, present FIR was registered on 24.06.2019. On 15.01.2024 Nitin Solomon allegedly committed suicide.

4. The disputes are stated to have been amicably settled between the parties vide Settlement Order dated 26.02.2024.

5. An amount of Rs.5,50,000/- has been paid to respondent No.2 today through FDR dated 30.05.2024 drawn on State Bank of India, Tis Hazari Court Complex, New Delhi Branch in favour of minor son of respondent No.2.

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. Petitioners and respondent No. 2 are present in person and have been identified by SI Sanjeev Lehri, P.S.: Burari. 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. Continuation of proceedings would be nothing but an abuse of the process of Court. Consequently, FIR No. 0228/2019, under Sections 498A/406/34 IPC registered at P.S.: Burari and the 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 11, 2024