Delhi High Court
Mr Rishi Arora Ors. vs State Of Nct Of Delhi Anr. on 12 January, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~69
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 12.01.2024
+ CRL.M.C. 285/2024
RISHI ARORA ORS. ….. Petitioners
Through: Ms. Arsheiya Munja and
Mr. Siddhartha, Advocates with
Petitioners-in-person.
versus
STATE OF NCT OF DELHI ANR. ….. Respondents
Through: Ms. Kiran Bairwa, APP with
SI Ghanshyam, PS: Nanakpura.
Ms. Simran Bajaj, Mr. Ashish Garg
and Ms. Yashi Bajpai, Advocates for
Respondent No. 2-in-person.
CORAM:
HON’BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% JUDGMENT
ANOOP KUMAR MENDIRATTA, J (ORAL)
CRL.M.A. 1122/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL.M.C. 285/2024
1. Petition under Section 482 of the Code of Criminal Procedure, 1973
(‘Cr.P.C.’) has been preferred on behalf of the petitioners / applicants for
quashing of FIR No. 42/2019 under Sections 498A/406/34 IPC registered at
P.S.: Crime (Women) Cell, Nanak Pura, Delhi and proceedings emanating
therefrom.
2. Issue notice. Learned APP for the State and learned counsel for
Signature Not Verified
Digitally Signed
CRL.M.C. 285/2024 Page 1 of 3
By:DINESH CHANDRA
Signing Date:15.01.2024
14:42:56
respondent No.2 alongwith respondent No.2 in person appear on advance
notice and accept notice.
3. In brief, as per the case of the petitioner, marriage between Rishi
Arora (petitioner No. 1) and Shreya Arora (respondent No. 2) was
solemnized according to Hindu rites and ceremonies on 12.11.2005. Due to
temperamental differences, respondent No. 2 and petitioner No. 1 could not
live together and have been living separately since 2015 and on complaint of
respondent No. 2, present FIR was registered.
4. The matter is stated to have been amicably resolved between the
parties in terms of settlement deed dated 11.04.2023. The marriage between
petitioner No. 1 and respondent No. 2 has been dissolved by decree of
divorce by way of mutual consent under Section 13B(2) of the Hindu
Marriage Act.
5. A balance amount of Rs. 8,00,000/- has been paid to respondent No. 2
today through cheque No. 105850 dated 11.01.2024 drawn on HDFC Bank,
New Friends Colony, New Delhi Branch in favour of respondent No. 2
towards full and final settlement between the parties. Statement of petitioner
No. 1 that an amount of Rs. 25,000/- towards maintenance for the month of
January, 2024 shall be paid within a week, is also taken on record.
6. Learned APP for the State submits that in view of amicable settlement
between the parties, the State has no objection in case the FIR in question is
quashed.
7. Petitioner No. 1 as well as respondent No. 2 are present in-person in
the Court today and petitioner Nos. 2 to 6 appear through Video
Conferencing and have been identified by SI Ghanshyam, PS: Nanakpura.
I have interacted with the parties and they confirm that the matter has been
Signature Not Verified
Digitally Signed
CRL.M.C. 285/2024 Page 2 of 3
By:DINESH CHANDRA
Signing Date:15.01.2024
14:42:56
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.
8. 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. Consequently, FIR No. 42/2019 under Sections 498A/406/34 IPC
registered at P.S.: Crime (Women) Cell, Nanak Pura, Delhi and the
proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. A copy of this order be forwarded
to the concerned Court for information.
ANOOP KUMAR MENDIRATTA, J.
JANUARY 12, 2024/R
Signature Not Verified
Digitally Signed
CRL.M.C. 285/2024 Page 3 of 3
By:DINESH CHANDRA
Signing Date:15.01.2024
14:42:56