High Court Delhi acquitted the petitioners by quashing the FIR under Sections 498A/406/34 IPC and subsequent proceedings, accepting that the matrimonial dispute had been amicably settled with the respondents and no further adjudication was needed.
FIR No. 626/2021 and proceedings emanating therefrom stood quashed.
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% Date of Decision: 08.02.2024
SANJEEV KUMAR PANCHAL & ORS. ..... Petitioners
Through: Mr.Akhil Sabharwal, Advocate with petitioners in person.
versus
STATE (GNCTD) & ANR. ..... Respondents Through: Ms. Kiran Bairwa, APP for the State with W/SI Sunita, PS Uttam Nagar. and SI Jitender Kumar, PS BHD Nagar. Mr.Subhash, Advocate with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% J U D G M E N T
ANOOP KUMAR MENDIRATTA, J (ORAL)
CRL.M.A. 4036/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL.M.C. 1011/2024
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. 626/2021, under Sections 498A/406/34 IPC registered at P.S.: Baba Haridas Nagar, Delhi and the proceedings emanating therefrom. Section 323 and 509 IPC were subsequently invoked by prosecution.
Signature Not Verified
Page 1 of 3
CRL.M.C. 1011/2024
Digitally Signed By:DINESH CHANDRA Signing Da te:1 4.02.2024 12:23:00
2. Issue notice. Learned APP for the State and learned counsel for respondent No.2 alongwith 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 07.12.2019. No child was born out of the said wedlock. Due to temperamental differences between the parties, petitioner No.1 and respondent No.2 started living separately. On complaint of respondent No.2, present FIR was registered.
4. The matter is stated to have been amicably resolved between the parties, in terms of Settlement Agreement dated 05.09.2023. The petition for divorce by way of mutual consent is stated to be pending for 20.07.2024. An amount of Rs.1,80,000/- out of total settlement amount of Rs.6,00,000/- has been paid today to respondent No. 2 through Cheque No. 039403 dated 08.02.2024 drawn on State Bank of India, Old Roshan Pura, Najafgarh, New Delhi Branch, in favour of respondent No. 2.
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 Jitender Kumar, PS Baba Haridas Nagar. 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.
Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Da te:1 4.02.2024 12:23:00
Page 2 of 3
CRL.M.C. 1011/2024
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. 626/2021, under Sections 498A/406/323/ 509/34 IPC registered at P.S.: Baba Haridas Nagar and the proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of.
ANOOP KUMAR MENDIRATTA, J.
FEBRUARY 08, 2024 /v
Signature Not Verified
Page 3 of 3
CRL.M.C. 1011/2024
Digitally Signed By:DINESH CHANDRA Signing Da te:1 4.02.2024 12:23:00
3 issues framed by the court
Whether the FIR under Sections 498A/406/34 IPC should be quashed in view of an amicable settlement between the parties.
Whether the proceedings emanating from the FIR can be discontinued given the mutual settlement and payment.
Whether quashing the proceedings would serve any useful purpose or constitute an abuse of the court's process.
3 provisions across 2 enactments
Sanjeev Kumar Panchal & Ors.
State (GNCTD) & Anr.
Anoop Kumar Mendiratta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
