Naveen v. The State NCT of Delhi & 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. 916/2020, under Sections 498A/34 IPC registered at P.S.: Ranhola, and proceedings emanating therefrom.

2. Issue notice. Learned APP for the State and learned counsel for respondent No.2 alongwith respondent No.2 appear on advance notice and accept notice.

3. In brief, as per the case of the petitioners, marriage between petitioner and respondent No. 2 was solemnized according to Hindu rites and ceremonies on 18.11.2010. Two male children were born out of the wedlock who are presently in custody of respondent No.2. Due to temperamental differences, respondent No.2 and petitioner started living separately. On complaint of respondent No. 2 present FIR was registered on 31.10.2020.

4. The disputes are stated to have been amicably settled between the parties before Counselling Cell, Family Court, West District, Tis Hazari Court, Delhi vide Settlement Deed dated 28.11.2023. The marriage between petitioner and respondent No. 2 has been dissolved by decree of divorce dated 08.02.2024 by way of mutual consent under Section 13B(2) of the Hindu Marriage Act, 1955.

5. An amount of Rs. 60,000/- has been paid to respondent No.2 today through Banker’s Cheque No.697862 dated 10.04.2024 drawn on Bank of Baroda, Netaji Subhash Place, Pitampura, Delhi Branch in favour of respondent No.2 towards full and final settlement between the parties.

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 as well as respondent No. 2 are present in person and have been identified by SI Tilak Raj, P.S.: Ranhola. 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. It would be nothing but an abuse of the process of Court. Consequently, FIR No. 916/2020, under Sections 498A/34 IPC registered at P.S.: Ranhola 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 and compliance.

ANOOP KUMAR MENDIRATTA, J. APRIL 30, 2024