Petition to quash an FIR under Sections 498A/406/34 IPC arising from matrimonial disputes, on the ground that the parties settled amicably by MoU and resumed living together. The State raised no objection; the court quashed the FIR and proceedings as continuation would be an abuse of process.
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PANKAJ KUMAR AND ANOTHER .....Petitioners Through: Mr. Pankaj Gupta and Mr. Dheeraj, Advocates with petitioners-in-person.
GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Ms. Manjeet Arya, APP for State with SI Vijay Pal Singh, PS: CWC, Nanak Pura with R-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. 28578/2024
CRL.M.C. 7491/2024
1. Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) has been preferred on behalf of the petitioners for quashing of FIR No. 0129/2017, under Sections 498A/406/34 IPC, registered at PS: CWC, Nanak Pura and proceedings emanating therefrom.
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 24.11.2016. No child was born out of the wedlock. Due to matrimonial differences, petitioner No. 1 and respondent No. 2 started living
Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Da te:3 0.09.2024 17:05:19
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CRL.M.C. 7491/2024
separately. On complaint of respondent No. 2, present FIR was registered on 16.10.2017.
4. The disputes are stated to have been amicably settled between the parties in terms of MoU dated 03.07.2021, whereby petitioner No. 1 and respondent No. 2 are residing together since 04.07.2021.
5. 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.
6. Petitioners and respondent No. 2 are present in person and have been identified by SI Vijay Pal Singh, PS: CWC, Nanak Pura. 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. The chances of conviction are bleak in view of amicable settlement between the parties. Consequently, FIR No. 0129/2017, under Sections 498A/406/34 IPC, registered at PS: CWC, Nanak Pura and proceedings emanating therefrom are 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 23, 2024/ R
Signature Not Verified
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CRL.M.C. 7491/2024
Digitally Signed By:DINESH CHANDRA Signing Da te:3 0.09.2024 17:05:19
1 issue framed by the court
Whether FIR No. 0129/2017 under Sections 498A/406/34 IPC should be quashed in view of the amicable settlement between the parties.
2 provisions across 2 enactments
Pankaj Kumar and Another
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
