Sandeep @ Pinto & Ors v. The State (Nct of Govt. of Delhi) & Anr

J U D G M E N T

DINESH KUMAR SHARMA, J. (Oral)

¶1This petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.594/2019 under Sections 498-A/406/506 read with Section 34 of IPC, registered at P.S. NihalVihar, Delhi, and all proceedings.

¶2Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 30.04.2018 in accordance with the Hindu Rites and Ceremonies. However, on account of temperamental differences and mental incompatibility, the parties started living separately. He submits that the charge sheet, in this case,

has already been filed and the matter is pending before the Learned MM, Tis Hazari Courts, Delhi.

¶3Learned Counsel further submits that during the pendency of the proceedings, the parties have resolved their disputes amicably in National LokAdalat, Family Court, Jhunjhunu vide settlement dated

10.07.2021 and are residing together. The settlement reads as under :

¶4The Respondent no. 2/complainant, who is present in person, prays that in view of their reunion, the aforesaid FIR and the proceedings emanating there from may be quashed.

¶5After considering the submissions made by learned counsel for the parties and the facts and circumstances of the case. This Court is of the considered view that it is a fit case in which in the exercise of powers under Section 482 of the Code of Criminal Procedure, FIR and the proceedings emanating there from, should be quashed.

¶6The FIR was registered on account of the matrimonial disputes between the parties, which are settled in National Lok Adalat, Family Court, Jhunjhunu, vide settlement dated 10.07.2021 and the couple has reunited and is living happily. It is in the interest of the State as well as the parties that such disputes are amicably resolved. Since in the present case, the couple is living together, there is no purpose in compelling them to prosecute the criminal proceedings.

¶7Respondent no. 2 submits that she has entered the settlement voluntarily without any fear, force, or coercion.

¶8In view of the above, FIR No.594/2019 under Sections 498-A/406/506 read with Section 34 of IPC, registered at P.S. NihalVihar, Delhi, and all the other proceedings emanating therefrom are quashed.

¶9The petition stands disposed of accordingly.

DINESH KUMAR SHARMA, J JULY 14, 2023 Pallavi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + SANDEEP @ PINTO & ORS. ..... Petitioners Through: Mr. S. A. Rajput, Adv. versus THE STATE (NCT OF GOVT. OF DELHI) & ANR. .....Respondents Through: Mr. Amit Sahni, APP for the State with SI Himanshu PS NiharVihar. % Date of Decision:14th July, 2023 CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SHARMA