Suman Kumar & Ors. vs The State Govt. Of NCT Of Delhi & Anr.

ANOOP KUMAR MENDIRATTA, J (ORAL)

Exemption allowed, subject to just exceptions.

Application stands disposed of.

Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) has been preferred on behalf of the petitioners for quashing of FIR No. 149/2016 under Sections 498A/406/34 IPC registered at P.S.: Rani Bagh 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 28.01.2011. A male child was born out of the wedlock. Due to matrimonial differences, petitioner No.1 and respondent No. 2 started living separately. On complaint of respondent No. 2, present FIR was registered on 08.03.2016.

However, since the disputes between the parties were mutually settled in terms of Settlement Deed dated 14.05.2016, Petitioner No. 1 and respondent No. 2 started residing together. Thereafter, since matrimonial differences again erupted, petitioner No. 1 and respondent No. 2 started living separately.

The disputes are now stated to have been amicably settled between the parties in terms of Settlement Agreement dated 04.01.2023, whereby both petitioner No.1 and respondent No. 2 have mutually agreed to reside separately.

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 No. 1 and respondent No. 2 in person, have been identified by SI Sunil Nath, P.S.: Rani Bagh. Presence of petitioner No. 2 and 3 is exempted. 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 she has no objection in case the FIR in question is quashed since primarily the differences arose between the parties as petitioner No. 1 is an alcoholic.

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. The chances of conviction are bleak in view of amicable settlement between the parties. Consequently, FIR No. 149/2016 under Sections 498A/406/34 IPC registered at P.S.: Rani Bagh 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 the learned Trial Court for information.