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Delhi High Court
Vibhor Sahai Ors. vs The State Govt Nct Of Delhi Anr. on 20 February, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 20.02.2024
+ CRL.M.C. 1372/2024
VIBHOR SAHAI ORS. ….. Petitioners
Through: Mr.Manish Choudhary and Mr. Sanjay
K. Sharma, Advocate with Petitioner
No. 1-in-person.
versus
THE STATE GOVT NCT OF DELHI ANR. ….. Respondents
Through: Ms. Kiran Bairwa, APP for State with
SI Shweta (IO), PS: Tilak Nagar and
SI Rakesh, PS: Vikaspuri.
Mr. Tarun Kumar Malhotra, Advocate
for R-2 with R-2-in-person.
CORAM:
HON’BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% JUDGMENT
ANOOP KUMAR MENDIRATTA, J (ORAL)
CRL.M.A. 5429/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL.M.C. 1372/2024
1. Petition under Section 482 of the Code of Criminal Procedure, 1973
(‘Cr.P.C.’) has been preferred on behalf of the petitioners for quashing of
FIR No. 0793/2021, under Sections 498A/406/34 IPC, registered at
P.S.: Vikaspuri, Delhi and the proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for
Signature Not Verified
Digitally Signed
CRL.M.C. 1372/2024 Page 1 of 3
By:DINESH CHANDRA
Signing Date:27.02.2024
18:32:54
respondent No. 2 along with respondent No. 2 in person appear on advance
notice and accept notice.
3. In brief, as per the case of the petitioners, marriage between petitioner
No. 1 and respondent No. 2 was solemnized according to Hindu Rites and
Ceremonies on 07.07.2019. No child was born out of the said wedlock. Due
to temperamental differences between the parties, petitioner No. 1 and
respondent No. 2 started living separately since 26.02.2021. On complaint of
respondent No. 2, present FIR was registered on 17.12.2021.
4. The matter is stated to have been amicably resolved between the
parties in terms of settlement deed dated 05.09.2023. The marriage between
petitioner No. 1 and respondent No. 2 has been dissolved by mutual consent
under Section 13B(2) of the Hindu Marriage Act as per decree of divorce
dated 06.12.2023.
5. Balance amount of Rs. 4,00,000/- has been paid to respondent No. 2
through Demand Draft No. 105397 dated 20.12.2023 drawn on Union Bank,
New Delhi Service Branch, towards full and final settlement between the
parties.
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 and
have been identified by SI Rakesh, PS: Vikaspuri, Delhi. I have interacted
with the parties and they confirm that the matter has been 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.
Signature Not Verified
Digitally Signed
CRL.M.C. 1372/2024 Page 2 of 3
By:DINESH CHANDRA
Signing Date:27.02.2024
18:32:54
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. 0793/2021, under Sections 498A/406/34 IPC,
registered at P.S.: Vikaspuri, Delhi and the proceedings emanating therefrom
stand quashed.
Petition is accordingly disposed of. Pending applications, if any, also
stand disposed of.
A copy of this order be forwarded to the learned Trial Court for
information.
ANOOP KUMAR MENDIRATTA, J.
FEBRUARY 20, 2024/R
Signature Not Verified
Digitally Signed
CRL.M.C. 1372/2024 Page 3 of 3
By:DINESH CHANDRA
Signing Date:27.02.2024
18:32:54
