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HIGH COURT OF DELHI
Date of Decision: 04.03.2024
AJAY SHARMA & ORS. ..... Petitioners
Through: Mr. Dinesh Kumar M., Mr. Manish Malik and Mr. Jai Subhash Thakur, Advocates
Through: Ms. Kiran Bairwa, APP for State
Mr. Jyotsana Parashar, 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. 0862/2021, under Sections 498A/406/34 IPC, registered at P.S.: Swaroop Nagar, Delhi and the proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel 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 12.03.2018. A child was born out of the wedlock, who is presently in custody of respondent No. 2. On complaint of respondent No. 2, present FIR was registered on 31.12.2021.
4. The disputes are stated to have been amicably resolved between the parties with the intervention of relatives and both the parties have been residing together for about past two years. An NOC cum affidavit has also been filed on behalf of respondent No. 2 for quashing of present proceedings.
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. Petitioners as well as respondent No. 2 are present in person and have been identified by SI Rakesh Kumar, P.S.:Swaroop Nagar, Delhi. 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. 0862/2021, under Sections 498A/406/34 IPC, registered at P.S.: Swaroop Nagar, Delhi 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 the learned Trial Court for information.
ANOOP KUMAR MENDIRATTA, J. MARCH 04, 2024