Single judge quashed an FIR under Sections 498A/406 IPC in a matrimonial dispute where parties had settled via mutual consent divorce decree, holding no useful purpose served by pending the case.
FIR No. 0650/2021 under Sections 498A/406 IPC and proceedings emanating therefrom quashed. Pending applications disposed of.
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JITENDER KUMAR .....Petitioner Through: Mr. Jagmohan Singh Khera, Advocate with petitioner-in-person.
STATE GOVT OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Tarang Srivastava, APP for the State with SI Bharat, PS: Uttam Nagar and SI Mamta, PS: Dwarka, Sec.-23 with R-2-in-person.
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
ANOOP KUMAR MENDIRATTA, J (ORAL)
1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioner for quashing of FIR No. 0650/2021, under Sections 498A/406 IPC, registered at PS: Uttam Nagar and proceedings emanating therefrom.
2. In brief, as per the case of the petitioner, marriage between petitioner and respondent No. 2 was solemnized according to Hindu Rites and ceremonies on 27.07.2009. A male child was born out of the wedlock, who is presently in custody of respondent No. 2. Due to matrimonial differences, petitioner and respondent No. 2 started living separately. On complaint of respondent No. 2, present FIR was registered on 16.08.2021.
3. The disputes are stated to have been amicably settled between the parties in terms of settlement deed dated 05.08.2023 arrived at Counselling Cell, Family Court, Dwarka Courts, New Delhi. The marriage between petitioner and respondent No. 2 has been dissolved by decree of divorce by
Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Da te:0 9.09.2024 13:02:24
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CRL.M.C. 4904/2024
way of mutual consent under Section 13B(2) of the Hindu Marriage Act vide judgment dated 30.04.2024.
4. 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.
5. Petitioner and respondent No. 2 are present in person and have been identified by SI Bharat, PS: Uttam 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.
6. 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. The chances of conviction are bleak in view of amicable settlement between the parties. Consequently, FIR No. 0650/2021, under Sections 498A/406 IPC, registered at PS: Uttam Nagar 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
SEPTEMBER 03, 2024/ R
Signature Not Verified
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CRL.M.C. 4904/2024
Digitally Signed By:DINESH CHANDRA Signing Da te:0 9.09.2024 13:02:24
2 provisions across 2 enactments
Jitendar Kumar
State Govt of 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
