Atul Arora vs State & Anr.

ANOOP KUMAR MENDIRATTA, J (ORAL)

Exemption allowed, subject to just exceptions. Application stands disposed of.

Petition under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioner for quashing of FIR No. 0232/2017, under Sections 406/498A/34 IPC registered at PS: Subzi Mandi and proceedings emanating therefrom.

Issue notice. Learned APP for the State along with respondent No. 2 appear on advance notice and accept notice

In brief, as per the case of the petitioner, marriage between petitioner and respondent No. 2 was solemnized according to Hindu rites and ceremonies on 30.01.2015. No child was born out of the wedlock. Due to temperamental differences, petitioner and respondent No. 2 started living separately. On complaint of respondent No. 2, present FIR was registered on 11.09.2017.

The disputes are stated to have been amicably settled between the parties in terms of Settlement Deed dated 30.11.2023. Petition under Section 13B(1) of the Hindu Marriage Act for dissolution of marriage by way of mutual consent is further stated to have been allowed.

Balance amount of Rs. 9,00,000/- has been paid to respondent No. 2 today through DD No. 578543 dated 29.05.2024 drawn on Kotak Mahindra Bank, Lok Vihar, Delhi Branch in favour of respondent No. 2 towards full and final settlement.

Learned APP for the State submits that in view of amicable settlement between the parties, he has no objection in case the FIR in question is quashed.

Petitioner and respondent No. 2 are present in person and have been identified by SI Neeraj, PS: Subzi Mandi. 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.

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. 0232/2017, under Sections 406/498A/34 IPC registered at PS: Subzi Mandi and 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 learned trial court for information.