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Judgment
Anoop Kumar Mendiratta, J
CRL.M.A. 8994/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL. M.C. 2343/2024
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.0118/2019, under Sections 498A/406/34 IPC registered at P.S.: Alipur and proceedings emanating therefrom.
Issue notice. Learned APP for the State and learned counsel for respondent No.2 alongwith respondent No.2 in person 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 23.11.2015. A male child was born out of the wedlock. Due to temperamental differences, respondent No.2 and petitioner No.1 started living separately. On the complaint of respondent No.2, present FIR was registered on 26.03.2019.
The disputes are stated to have been amicably settled between the parties in terms of Settlement Deed dated 17.02.2023 and the parties are residing together since 01.01.2022.
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.
Petitioners as well as respondent No. 2 are present in person and have been identified by SI Devender, P.S.: Alipur. 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. 0118/2019, under Sections 498A/406/34 IPC registered at P.S.: Alipur 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 learned Trial Court for information and compliance.