Petition under Section 482 Cr.P.C. sought quashing of a 498A/406/34 IPC FIR after matrimonial settlement and divorce by mutual consent. With the complainant and State having no objection, the court quashed the FIR and proceedings as continuation would be an abuse of process.
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AMIT KUMAR & ORS. .....Petitioners Through: Mr. Manoj, Ms. Dhaneshwari, Mr. Balram Sharma and Mr. Jagdish Kumar, Advocates with Petitioners in-person.
versus
THE STATE NCT OF DELHI & ANR. .....Respondents Through: Ms. Manjeet Arya, APP for the State with SI Nirmala, PS: Begumpur. Ms. Priyanka Siwas, Mr. Manish Shokeen and Mr. Krishan Shokken, Advs. for R-2.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
ANOOP KUMAR MENDIRATTA, J (ORAL)
CRL.M.A. 17608/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL.M.C. 4712/2024
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. 0155/2019, under Sections 498A/406/34 IPC, registered at PS: Begum Pur and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for
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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 06.07.2018. No child was born out of the wedlock. Due to matrimonial differences, petitioner No. 1 and respondent No. 2 started living separately. On complaint of respondent No. 2, present FIR was registered on 27.04.2019.
4. The disputes have been amicably settled between the parties in terms of Settlement dated 25.11.2023. The marriage between petitioner No. 1 and respondent No. 2 has been dissolved by decree of divorce by way of mutual consent under Section 13B(2) of the Hindu Marriage Act vide judgment dated 05.03.2024.
5. An amount of Rs. 1,50,000/- has been paid to respondent No. 2 today through DD No. 633622 dated 16.07.2024 drawn on Punjab National Bank, in favour of respondent No. 2.
6. Learned APP for the State submits that in view of amicable settlement between the parties, she has no objection in case the FIR in question is quashed.
7. Petitioners and respondent No. 2 are present and have been identified by SI Nirmala, PS: Begumpur. 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
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CRL.M.C. 4712/2024
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. The chances of conviction are bleak in view of amicable settlement between the parties. Consequently, FIR No. 0155/2019, under Sections 498A/406/34 IPC, registered at PS: Begum Pur and 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
AUGUST 13, 2024/ R
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CRL.M.C. 4712/2024
Digitally Signed By:DINESH CHANDRA Signing Da te:2 0.08.2024 14:55:35
1 issue framed by the court
Should FIR No. 0155/2019 under Sections 498A/406/34 IPC be quashed in view of the amicable settlement between the parties?
3 provisions across 3 enactments
Amit Kumar & Ors.
The State NCT of Delhi
Respondent No. 2
Anoop Kumar Mendiratta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
