Delhi High Court - Orders
Sh. Shannon Bhana Alias Shannon And Ors vs State Of Nct & Anr. & Ors on 18 May, 2023
Author: Rajnish Bhatnagar
Bench: Rajnish Bhatnagar
$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3562/2023
SH. SHANNON BHANA ALIAS SHANNON AND ORS.
..... Petitioner
Through: Mr. Mahesh Kumar, Advocate.
versus
STATE OF NCT & ANR. & ORS. ..... Respondents
Through: Mr. Digam Singh Dagar, APP for the
State with SI Amit Beniwal,
P.S.Vivek Kumar.
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
ORDER
% 18.05.2023 CRL.M.A. 13492/2023 Exemption allowed, subject to all just exceptions. The application stands disposed of.
CRL.M.C. 3562/20231. This is a petition filed by the petitioners under Section 482 Cr.P.C. for quashing of FIR No.0005/2021, under Sections 498A/406/34 IPC, registered at Police Station Vivek Vihar, Delhi, and all proceedings emanating therefrom.
2. Issue notice. Learned APP appears on advance notice, and accepts notice.
3. The brief facts of the case are that the petitioner No.1 and respondent No.2 got married on 12.11.2017 as per Hindu rites and This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 14:04:22 customs and they lived together as husband and wife with each other. One male child was born out of the said wedlock. Thereafter, the disputes and differences arose between them and they started living separately since 06.11.2019. On 05.01.2021, the respondent No.2 got the above said FIR registered against the petitioners.
4. Counsel for the petitioners submits that during the pendency of the trial, the parties have settled the matter amicably in terms of the Settlement dated 21.07.2022. Copy of the said settlement is placed on record. Accordingly, the petition under Section 13B(2) of the HMA was allowed and the marriage of the petitioner No.1 and respondent No.2 was dissolved vide decree dated 15.02.2023 passed by the Principal Judge, Family Courts, Karkardooma Courts, Delhi. The copy of the decree is already on record.
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 petitioners. 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, no useful This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 14:04:22 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.0005/2021, under Sections 498A/406/34 IPC, registered at Police Station Vivek Vihar, Delhi, and all proceedings emanating therefrom shall stand quashed. However, the rights of the child born from the wedlock of petitioner no. 1 and respondent no. 2 are left open to be adjudicated by him/her as and when he/she attains the majority as held by the Hon'ble Supreme Court in the case of Ganesh vs. Sudhirkumar Shrivastava & Ors, Decided on 22.04.2019 in Civil Appeal Nos.4031-4032 of 2019.
8. The present petition stands disposed of accordingly.
RAJNISH BHATNAGAR, J MAY 18, 2023/ib This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 14:04:23