Delhi High Court - Orders
Ravinder Kr Gautam And Ors vs State Of N.C.T Of Delhi And Ors on 6 December, 2021
Author: Rajnish Bhatnagar
Bench: Rajnish Bhatnagar
$~71
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2411/2021
RAVINDER KR GAUTAM AND ORS ..... Petitioners
Through: Mr. Sandeep Singh and Mr. Pankaj
Srivastava, Advs.
versus
STATE OF N.C.T OF DELHI AND ORS ..... Respondents
Through: Ms. Shivani Sharma and Ms. Surabhi
Katyaz, Advs. for Ms. Richa Kapoor,
ASC for the State with SI Amit.
Ms. Meena Jha, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
ORDER
% 06.12.2021 CRL.M.A. 19425/2021 Exemption allowed, subject to just exceptions.
The application stands disposed of.
W.P.(CRL) 2411/2021
1. This is a petition under Section 482 Cr.P.C. for quashing of FIR No.218/2017, under Section 498A/406/34 IPC, registered at Police Station Nangloi,Outer District, Delhi, and all proceedings emanating therefrom.
2. Issue notice. Counsel on behalf of learned ASC for the State 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 2.07.2014 according to Hindu rites and ceremonies and they lived together as wife and husband with each other. After the marriage, Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:09.12.2021 17:04:58 the disputes and differences arose between them and they started living separately since 3.9.2016. On 4.6.2017, 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 14.8.2019 before the Mediation Centre, Tis Hazari Courts, Delhi. 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 23.01.2021 passed by the Principal Judge, Family Court, West Distt. Tis Hazari 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. As per settlement, today, two demand drafts of Rs. 1,00,000/- (bearing no. 256487 dated 3.12.2021 drawn on State Bank of India) and Rs.1,50,000/- (bearing no. 438459 dated 3.12.2021 drawn on Bank of Maharashtra) have been handed over to respondent no.2. 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.
7. Keeping in view the above facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose will be Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:09.12.2021 17:04:58 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.218/2017, under Section 498A/406/34 IPC, registered at Police Station Nangloi,Outer District, Delhi, and the proceedings emanating therefrom shall stand quashed.
8. The present petition stands disposed of accordingly.
RAJNISH BHATNAGAR, J DECEMBER 6, 2021 ib Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:09.12.2021 17:04:58