Single judge allowed quashing of FIR under Sections 498A/406/34 IPC and sections 3/4 DP Act upon amicable settlement between matrimonial parties, finding further proceedings would be an abuse of process.
FIR No. 359/2018 and proceedings emanating therefrom quashed.
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HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% J U D G M E N T
ANOOP KUMAR MENDIRATTA, J (ORAL)
CRL.M.A. 8152/2024
Application under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioners for filing of fresh list of dates.
For the reasons stated in the application, the same is allowed.
Application is accordingly disposed of.
CRL.M.C. 604/2024
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. 359/2018, under Sections 498A/406/34 IPC registered at P.S.: Ghazipur and the proceedings emanating therefrom. Charge-sheet has been
Signature Not Verified
Digitally Signed CRL.M.C. 604/2024 By:DINESH CHANDRA Signing Da te:2 3.03.2024 16:18:49
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filed under Sections 498A/406/34 IPC & Sections 3/4 of the DP Act, 1961. 2. Issue notice. Learned APP for the State and 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 17.06.2010. Two children were born out of the 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 on 02.08.2018.
4. The disputes are stated to have been amicably resolved between the parties vide Settlement Deed dated 17.10.2023 and the parties have been living together since 25.10.2023.
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 Sandeep Singh, P.S.: Ghazipur. 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. 359/2018, under Sections 498A/406/34 IPC & Sections 3/4 of D.P. Act and the proceedings emanating therefrom stand
Signature Not Verified
Digitally Signed CRL.M.C. 604/2024 By:DINESH CHANDRA Signing Da te:2 3.03.2024 16:18:49
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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 14, 2024/v
Signature Not Verified Digitally Signed CRL.M.C. 604/2024 By:DINESH CHANDRA Signing Da te:2 3.03.2024 16:18:49
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2 issues framed by the court
Whether an application under Section 482 CrPC for quashing FIR in matrimonial dispute is maintainable upon amicable settlement between parties.
Whether keeping the case pending after amicable settlement would be an abuse of court process.
3 provisions across 3 enactments
Ravinder Kumar @ Ravi and Ors.
The State, NCT of Delhi & Anr.
Anoop Kumar Mendiratta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
