Delhi High Court - Orders
Shri Bhupendra Singh Sirari vs State And Anr on 5 February, 2021
Author: Rajnish Bhatnagar
Bench: Rajnish Bhatnagar
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 349/2021
SHRI BHUPENDRA SINGH SIRARI ..... Petitioner
Through: Mr. D.K.Bhatia, Advocate.
Petitioner in person.
versus
STATE AND ANR. ..... Respondent
Through: Dr. M.P.Singh, APP for the State with
WSI Manisha Yadav, P.S.Janakpuri.
R-2 in person.
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
ORDER
% 05.02.2021 Crl.M.A. 1829/2021 Exemption allowed, subject to just exceptions. The application stands disposed of.
CRL.M.C. 341/20211. Issue notice. Learned APP for the State appears and accepts notice. Respondent no. 2 appears and accepts notice.
2. This is a petition under Section 482 Cr.P.C. for quashing of FIR No.675/2015, under Section 498A/406 IPC, registered at Police Station- Janak Puri, West, Delhi, and all proceedings emanating therefrom.
3. The brief facts of the case are that the petitioner and respondent No.2 got married on 7.5.2011 according to Hindu rites and ceremonies and they Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:06.02.2021 15:37 VIA VIDEO-CONFERENCING lived together as wife and husband with each other. After the marriage, the disputes and differences arose between them and they started living separately since 1.10.2014. On 06.6.2015, the respondent No.2 got the above said FIR registered against the petitioner.
4. Counsel for the petitioner submits that during the pendency of the trial, the parties have settled the matter amicably in terms of the Settlement dated 19.10.2019 before the Mediation Cell, Dwarka Court. Copy of the said settlement is placed on record. Accordingly, the petition under Section 13- B(2) of the HMA Act was allowed and the marriage of the petitioner No.1 and respondent No.2 was dissolved vide decree dated 15.2.2020 passed by the Judge, Family Court Dwarka, Delhi. The copy of the decree is already on record.
5. Petitioner is present through VC. Respondent No.2 is also present in Court today through VC and she has 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 petitioners. She has received the balance payment of Rs.2,50,000/- by way of DD bearing no. 045382 drawn on HDFC Bank, Rohini, which was fixed in terms of the settlement. 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 be quashed.
Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:06.02.2021 15:37VIA VIDEO-CONFERENCING
7. Keeping in view the above facts and circumstances, since the matter has been amicably settled between the parties, 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 FIR No.675/2015, under Section 498A/406 IPC, registered at Police Station- Janak Puri, West, Delhi, and the proceedings emanating therefrom shall stand quashed.
8. The present petition stands disposed of accordingly. Dasti.
RAJNISH BHATNAGAR, J FEBRUARY 5, 2021/ib Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:06.02.2021 15:37