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HIGH COURT OF DELHI
Date of Decision: 07.05.2024
NAKUL KUMAR JAIN & ORS. ..... Petitioners
Through: Mr. Chatanya Siddharth and Mr. Kartikey, Advocates
Through: Ms. Kiran Bairwa, APP for State
Mr. Pavitra Mohan Sharma, Ms. Jyoti Sharma, Mr. Arun Kumar Sharma, Mr. Vibhu Shankar Mishra and
Mr. Subhash Chand Sharma, Advocates for R-3
JUDGMENT
Exemption allowed, subject to just exceptions.
Applications stand 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. 0407/2020, under Sections 498A/406/34 IPC, registered at P.S.: Safdarjung Enclave and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for respondent No. 3 along with respondent No. 3 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. 3 was solemnized according to Hindu rites and ceremonies on 10.05.2018. No child was born out of the wedlock. Due to temperamental differences, petitioner No. 1 and respondent No. 3 started living separately. On complaint of respondent No. 3, present FIR was registered on 17.11.2020.
4. The disputes have been amicably resolved between the parties vide settlement deed dated 25.10.2023. The marriage between petitioner No. 1 and respondent No. 3 has been dissolved by decree of divorce by way of mutual consent under Section 13B(2) of the Hindu Marriage Act vide judgment dated 15.02.2024.
5. Balance amount of Rs. 2,00,000/- has been paid to respondent No. 3 today through DD No. 089993 dated 29.04.2024 drawn on Canara Bank, Delhi DTC Depot Sarojini Nagar Branch in favour of respondent No. 3.
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. Petitioner Nos. 1 to 3 as well as respondent No. 3 in person and petitioner Nos. 4 to 7 (though VC) are present and have been identified by SI Chandarveer, P.S.: Safdarjung Enclave. 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. 3 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. 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. 0407/2020, under Sections 498A/406/34 IPC, registered at P.S.: Safdarjung Enclave and proceedings emanating therefrom stand quashed. Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.
ANOOP KUMAR MENDIRATTA, J. MAY 07, 2024