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HIGH COURT OF DELHI
Date of Decision: 30.04.2024
ROCKY & ORS ..... Petitioners
Through: Mr.U.C.Gupta, Mr.Prashant Gupta and Ms.Simran Chopra, Adviocates alongwith petitioners No.1 and 3
(through VC).
Through: Ms.Kiran Bairwa, APP for State
Mr.Ankit Hooda, Advocate
JUDGMENT
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. 572/2014, under Sections 498A/406/34 IPC registered at P.S.: Ashok Vihar 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 No.1 and respondent No. 2 was solemnized according to Hindu rites and ceremonies on 17.10.2012. No child was born out of the wedlock. Due to temperamental differences, respondent No.2 and petitioner No.1 started living separately. On complaint of respondent No. 2 present FIR was registered on 19.09.2014. It is also pointed out that petitioner No.2 was discharged by the learned Trial Court.
4. The disputes are stated to have been amicably settled between the parties in terms of Settlement Deed dated 20.01.2020. The marriage between petitioner No. 1 and respondent No. 2 has been dissolved by decree of divorce dated 19.11.2022 by way of mutual consent under Section 13B(2) of the Hindu Marriage Act.
5. 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.
6. Petitioner No.1 & 3 and respondent No. 2 (through VC) have been identified by their respective counsel representing them. 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. It would be nothing but an abuse of the process of Court. Consequently, FIR No. 572/2014, under Sections 498A/406/34 IPC registered at P.S.: Ashok Vihar 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. APRIL 30, 2024