W.P.(CRL)/2140/2024 of SATYAM BHATI AND ORS Vs STATE AND ANR
Parties
- SATYAM BHATI AND ORS (PETITIONER)
- STATE AND ANR (RESPONDENT)
Cites (1)
Statutes cited (3)
- constitution of india, article-226 (1950)
- constitution of india (1950)
- indian penal code (1860)
Full text
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$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI * IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 19.07.2024
+ W.P.(CRL) 2140/2024, CRL.M.A. 20775/2024
SATYAM BHATI AND ORS .....Petitioners Through: Mr. Nagendra Kasana and Ms. Palak Munjal, Advs. Through: Mr. Nagendra Kasana and Ms. Palak Munjal, Advs.
versus
STATE AND ANR .....Respondents
Through: Mr. Anand V. Khatri, ASC (Crl.) for State with SI Navneet Teotia, PS Sarita Vihar. State with SI Navneet Teotia, PS Sarita Vihar.
Ms. Mumtaz Ahmad, Mr. Satish Sharma and Ms. Bhawana Sharma, Advs. for R-2. Sharma and Ms. Bhawana Sharma, Advs. for R-2.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% J U M N T
ANOOP KUMAR MENDIRATTA, J (ORAL)
1.Writ Petition under Article 226 of the Constitution of India has been preferred on behalf of the petitioners for quashing of FIR No. 0239/2022 under Sections 498A/406/377/34 IPC registered at P.S.: Sarita Vihar and proceedings emanating therefrom.
2.Issue notice. Learned ASC for the State and learned counsel for respondent No.2 alongwith respondent No. 2 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 10.03.2019. Due to temperamental differences, petitioner No.1 and respondent No.2 started living separately. On complaint of
Signature Not Verified
respondent No. 2, present FIR was registered on 09.04.2022.
4.The disputes are stated to have been amicably settled between the parties in terms of Settlement Deed/MOU dated 16.04.2024. The marriage between petitioner No. 1 and respondent No. 2 has been dissolved by judgment dated 30.05.2024 under Section 13B(2) of the Hindu Marriage Act, 1955.
5.Learned ASC for the State submits that in view of amicable settlement between the parties, he has no objection in case the FIR in question is quashed.
6.Petitioners and respondent No. 2 in person have been identified by SI Navneet Teotia, PS Sarita Vihar. 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. 0239/2022 under Sections 498A/406/377/34 IPC registered at P.S.: Sarita Vihar and the proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.
copy of this order be forwarded to learned Trial Court for information.
ANOOP KUMAR MENDIRATTA, J.
JULY 19, 2024/akc
W.P.(CRL) 2140/2024