Bhaskar & Ors. 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 petitioners for quashing of FIR No. 440/2020, under Sections 498A/406/34 IPC registered at P.S.: Patel Nagar and proceedings emanating therefrom. Charge-sheet has been filed under Sections 498A/406/323/509/354/34 IPC.

Issue notice. Learned APP for the State and learned counsel for respondent No. 2 along with respondent No. 2 (through VC) appear on advance notice and accept notice

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 18.04.2008. A child was born out of the wedlock. Due to temperamental differences, respondent No. 2 and petitioner No. 1 started living separately. On complaint of respondent No. 2 present FIR was registered on 29.10.2020.

The disputes are stated to have been amicably settled between the parties in terms of Settlement Deed dated 06.10.2023. 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 vide judgment dated 16.03.2024.

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.

Petitioner Nos. 3 & 4 in person and petitioner Nos. 1 & 2 and respondent No. 2 (through VC) have been identified by SI Yamini, PS: Patel Nagar. 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. 440/2020, under Sections 498A/406/323/ 509/354/34 IPC, registered at P.S.: Patel Nagar 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.