CRL.M.C./1046/2024 of GURMEET SINGH & ORS. Vs STATE GOVT.OF NCT OF DELHI AND ANR.
Parties
- GURMEET SINGH & ORS (PETITIONER)
- STATE GOVT.OF NCT OF DELHI AND ANR (RESPONDENT)
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 19.09.2024
+ CRL.M.C. 1046/2024
GURMEET SINGH & ORS.
.....Petitioners
Through: Mr. H. S. Gautam and Ms. Anshika Pandey, Advocates with Petitioners in person. Pandey, Advocates with Petitioners in person.
versus
STATE GOVT.OF NCT OF DELHI AND ANR. .....Respondents
Through: Ms. Manjeet Arya, APP with SI Bunty Drall, PS: KNK Marg. Drall, PS: KNK Marg.
Mr. Anshul Gupta, Advocate for R-2 with Respondent No. 2 in person. with Respondent No. 2 in person.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA % J U M N T
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 petitioners for quashing of FIR No. 0577/2013, under Sections 498A/406/34 IPC, registered at PS: K.N. Katju Marg, Delhi and proceedings emanating therefrom.
2.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 29.04.2005. Three children were born out of the wedlock, who are in custody of petitioner No. 1. Due to matrimonial differences, petitioner No. 1 and respondent No. 2 started living separately. On complaint of respondent No. 2, FIR No. 0035/2007, under Sections 406/498A was
registered at PS: Prashant Vihar. Thereafter, petitioner No. 1 and respondent No. 2 resolved their disputes and started residing together and FIR No. 0035/2007 was accordingly quashed. Since the differences between petitioner No. 1 and respondent No. 2 continued, present FIR No. 0577/2013, under Sections 498A/406/34 was again registered at PS: K. N. Katju Marg, Delhi on 11.12.2013.
3.The disputes are stated to have been amicably settled between the parties in terms of Settlement dated 12.12.2014. The marriage between petitioner No. 1 and respondent No. 2 has been dissolved by decree of divorce under Section 13(1)(i)(i-a) of the Hindu Marriage Act vide judgment dated 19.11.2019.
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.Petitioners and respondent No. 2 are present in person and have been identified by SI Bunty Drall, PS: K. N. Katju Marg, Delhi. 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. 0577/2013, under Sections 498A/406/34 IPC, registered at PS: K.N. Katju Marg, Delhi and proceedings
Signature Not Verified
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.
SEPTEMBER 19, 2024/R