Delhi High Court - Orders
Tarun Kumar & Ors vs State Govt. O F Nct Of Delhi & Anr on 16 March, 2023
Author: Rajnish Bhatnagar
Bench: Rajnish Bhatnagar
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1740/2023
TARUN KUMAR & ORS. ..... Petitioners
Through: Mr. S.S.Tomar, Advocate.
Petitioners in person.
versus
STATE GOVT. O F NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Raj Kumar, APP for the State
with WSI Durgesh, P.S.Bindapur.
Respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
ORDER
% 16.03.2023
1. Petitioner has filed this petition under Section 482 Cr.P.C. for quashing of FIR No. 455/2017, under Section 498A/406/34 IPC, registered at Police Station Bindapur, Delhi, and all proceedings emanating therefrom.
2. Issue notice. Learned APP for the State enters appearance and accepts notice.
3. The brief facts of the case are that the petitioner no.1 and respondent no.2 got married on 04.12.2011 according to Hindu rites and ceremonies and they lived together as husband and wife with each other. One male child was born out of the said wedlock. After the marriage, disputes and differences arose between them and they started living separately. On 07.07.2017, respondent no.2 got the above said FIR registered against the petitioners.
4. Learned counsel for the petitioner submits that during the pendency of Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:22.03.2023 15:03:04 the trial, parties have entered into a settlement dated 15.07.2021,which was signed on 16.07.2021 and decided to live happily and harmoniously together. The said settlement already is on record. Respondent no.2 started living with petitioner no.1 since 16.07.2021.
5. Petitioners and respondent no.2 are present in Court today and they have been identified by the IO. I have interacted with the parties and they submit that they have settled their disputes. Respondent no.2 admits that she has settled the matter amicably with the petitioner and she is living happily with her husband She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. Respondent no.2 submits that nothing remains to be adjudicated further between them and she has no objection if the FIR in question is quashed.
6. Learned APP for the State submits that in view of the settlement, the State has no objection if the FIR in question is quashed.
7. Keeping in view the above facts and circumstances, since the matter has been amicably settled between the parties, and parties are living together, no useful purpose will be served by keeping the case pending. It will be nothing but abuse of the process of law. Consequentially, this petition is allowed and of FIR No. 455/2017, under Section 498A/406/34 IPC, registered at Police Station Bindapur, Delhi, and all proceedings emanating therefrom shall stand quashed.
8. The present petition stands disposed of accordingly.
RAJNISH BHATNAGAR, J MARCH 16, 2023/ib Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:22.03.2023 15:03:04