This single-judge public interest order quashed an FIR under Sections 498A, 406, and 34 IPC registered against a husband due to post-marital disputes after the parties amicably settled and resumed living together.
FIR No. 557/2020 under Sections 498A/406/34 IPC and all subsequent proceedings are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
KAPIL & ORS. ..... Petitioners Through: Mr.Montu and Mr.Jagdish Diwakar Advocates with petitioners in person.
versus
STATE OF GNCT OF DELHI THROUGH SHO & ANR. ..... Respondents Through: Ms.Kiran Bairwa, APP with Insp. Rajesh Vijay (SHO) & ASI Ajit Kumar, PS Bharat Nagar. Ms.Deepali Sharma and Mr.Praveen Kumar, Advocates 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. 7084/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL.M.C. 1861/2024
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. 557/2020, under Sections 498A/406/34 IPC registered at P.S.: Bharat Nagar and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for
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CRL.M.C. 1861/2024
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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 19.02.2018. A female child was born out of wedlock. Due to temperamental differences, respondent No.2 and petitioner No.1 started living separately since 06.08.2019. Present FIR was registered on the complaint of respondent No. 2, on 01.10.2020.
4. The disputes are stated to have been amicably settled between the parties in terms of Settlement Agreement dated 26.11.2021 and the parties are since residing together.
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 ASI Ajit Kumar, P.S.: Bharat 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 they have been residing together happily 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. 557/2020, under Sections 498A/406/34 IPC registered at P.S.: Bharat Nagar and the proceedings emanating therefrom stand quashed.
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Petition is accordingly disposed of. Pending application, if any, also stand disposed of.
ANOOP KUMAR MENDIRATTA, J.
MARCH 05, 2024 /v
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2 issues framed by the court
Whether FIR under Sections 498A/406/34 IPC should be quashed in matrimonial disputes settled amicably after posting notice.
Whether the purpose of Section 482 CrPC is served in proceedings that are concluded by settlement.
1 provisions across 1 enactments
Kapil & Ors.
State of GNCT of Delhi Through SHO & Anr.
Anoop Kumar Mendiratta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
