Ankit Tayal and Others v. The State and Anr.

1. Petition under Article 226 of the Constitution of India read with 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. 0031/2022, under Sections 498A/406/34 IPC registered at P.S.: Sultanpuri and proceedings emanating therefrom.

2. 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 30.06.2020. 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 08.01.2022.

3. The disputes are stated to have been amicably settled between the parties in terms of Settlement Deed dated 02.02.2022. The marriage between petitioner No. 1 and respondent No. 2 has been dissolved by decree of divorce dated 27.03.2023 by way of mutual consent under Section 13B(2) of the Hindu Marriage Act.

4. Balance amount of Rs.50,000/- has been paid to respondent No.2 today through DD No.588232 dated 02.02.2024 drawn on Punjab & Sind Bank, Naraina Industrial Area Phase-I, Naraina, New Delhi Branch in favour of respondent No.2.

5. Learned ASC 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 No.1, 4 and 5, respondent No. 2 in person and petitioner No.2 (through VC) have been identified by SI Sonu Kumar, P.S.: Sultanpuri. Presence of petitioners No.3 and 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. Continuation of proceedings would be nothing but an abuse of the process of Court. Consequently, FIR No. 0031/2022, under Sections 498A/406/34 IPC registered at P.S.: Sultanpuri 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