Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 21.08.2024
+ CRL.M.C. 6477/2024
DR JAI KISHAN GODARA. .....Petitioner
Through: Ms.Vibha Sharma, Mr.Lalit Kumar,
Mr.Mukund Thakur and Mr.Vaibhav
Chaudhary, Advocates with
Petitioner-in-person.
versus
STATE (GOVT. OF NCT OF DELHI) & ANR. .....Respondents
Through: Ms.Manjeet Arya, APP for State with
SI Satyaveer Singh, P.S.: Dabri.
Ms.Neelam Panchal and Mr.Shubham
Kansal, Advocates with respondent
No.2 in person.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% J U D G M E N T
ANOOP KUMAR MENDIRATTA, J (ORAL)
CRL.M.A. 24791/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL.M.C. 6477/2024
1. Petition under Section 482 of the Code of Criminal Procedure, 1973
(‘Cr.P.C.’) read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023 (‘BNSS’) has been preferred on behalf of the petitioner for quashing of
FIR No. 0584/2021, under Sections 498A/406 IPC, registered at PS: Dabri
and proceedings emanating therefrom.
Signature Not Verified
CRL.M.C. 6477/2024 Page 1 of 3
Digitally Signed
By:DINESH CHANDRA
Signing Date:23.08.2024
18:00:39
2. Issue notice. Learned APP for the State and learned counsel for
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
and respondent No. 2 was solemnized according to Hindu rites and
ceremonies on 13.07.2016. A female child was born out of the wedlock who
is presently in custody of respondent No.2. Due to matrimonial differences,
petitioner and respondent No. 2 started living separately. On complaint of
respondent No. 2, present FIR was registered on 31.07.2021.
4. The disputes have been amicably settled between the parties in terms
of Mediation Settlement dated 15.11.2022. The marriage between petitioner
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 12.05.2023.
5. Learned APP for the State submits that in view of amicable settlement
between the parties, she has no objection in case the FIR in question is
quashed.
6. Petitioner and respondent No. 2 in person have been identified by SI
Satyaveer Singh, PS: Dabri. 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.
7. 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
Signature Not Verified
CRL.M.C. 6477/2024 Page 2 of 3
Digitally Signed
By:DINESH CHANDRA
Signing Date:23.08.2024
18:00:39
Court. The chances of conviction are bleak in view of amicable settlement
between the parties. Consequently, FIR No. 0584/2021, under Sections
498A/406 IPC, registered at PS: Dabri 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.
ANOOP KUMAR MENDIRATTA, J
AUGUST 21, 2024/v
Signature Not Verified
CRL.M.C. 6477/2024 Page 3 of 3
Digitally Signed
By:DINESH CHANDRA
Signing Date:23.08.2024
18:00:39