Full Text
HIGH COURT OF DELHI
Date of Decision: 13.05.2024
YOGESH AND ORS. ..... Petitioners
Through: Mr. Dalip Singh, Mr. Dharambir Singh alongwith petitioners (Yogesh, Smt. Prem Lata, Pyare Lohiya) in person.
Through: Ms. Kiran Bairwa, APP for State
Mr. Sanjeev Kumar Advocate for R-2
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. 145/2012 under Sections 498A/406/34 IPC registered at P.S.: CWC, Nankpura, New Delhi and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel Mr. Sanjeev Kumar, for respondent No. 2 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 11.03.2007. Two male children were born out of the wedlock. Due to temperamental differences, petitioner No. 1 and respondent No. 2 started living separately 28.05.2012. On complaint of respondent No. 2, present FIR was registered on 15.10.2012.
4. The disputes have been amicably resolved between the parties in terms of settlement deed dated 21.11.2022.
5. Respondent no.2 who is present in person submits that the disputes between the parties had been amicably resolved and she does not wish to proceed with the present FIR.
6. Learned APP for the State submits that in view of amicable settlement between the parties, the State has no objection in case the FIR in question is quashed.
7. Petitioners as well as respondent No. 2 are present in person and have been identified by SI Vijay Pal, PS: CWC Nankpura. 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 he has no objection in case the FIR in question is quashed.
8. Parties intend to put quietus to the proceedings arising out of matrimonial disputes. The settlement shall promote harmony between the parties and permit them to move further in life. The chances of conviction are bleak in view of amicable settlement between the parties.
9. 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. 145/2012, under Sections 498A/406/34 IPC, registered at P.S.: CWC Nanakpura 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. MAY 13, 2024