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Date of Decision: February 18, 2021
5663/2020 GULSHAN KUMAR & ORS. ..... Petitioners
Through: Ms. Jyoti Srivastava & Mr. Pradeep Kataria, Advocates with petitioners in person
Through: Mr. Panna Lal Sharma, Additional Public Prosecutor for respondent No.1/State with Inspector Sangeeta
Tiwari Respondent No.2 in person
JUDGMENT
1. Vide this petition, petitioners are seeking quashing of FIR No.216/2016, under Sections 498A/406/506/34 IPC, registered at police station Pandav Nagar, Delhi.
2. Notice issued.
3. Mr. Panna Lal Sharma, learned Additional Public Prosecutor for State accepts notice and submits that respondent No.2 is present 2021:DHC:593 in this Court and she has been identified as the complainant of FIR in question by the Investigating Officer of this case, who is also present in the Court.
4. With the consent of the parties, the present petition is taken up for final hearing.
5. The marriage between petitioner No.1/husband and respondent No.2/wife was solemnized on 24.05.2015 and due to temperamental differences, the marriage could not work and they started living separately since 15.11.2015. The matrimonial dispute between the parties culminated into the FIR in question.
6. The present petition has been filed on the ground that the matrimonial dispute between petitioner No.1/husband and respondent No.2/wife has been amicably resolved through Delhi Mediation Centre and terms of settlement are recorded in the order dated 19.01.2019. It is stated that joint petition under Section 13 B(2) under the Hindu Marriage Act, 1955 has been allowed by the learned Principal Judge, Family Court, Karkardooma Courts, Delhi and decree of divorce has been granted on 29.01.2020.
7. Learned counsel for the petitioners submits that the terms of settlement have been acted upon and the balance amount of Rs.8,00,000/- by way of demand draft bearing No. ‘040614’ dated 16.02.2021 has been handed over to respondent No.2 today in the Court, who has accepted the same.
8. Respondent No.2, who is the complainant of FIR in question, affirms that the terms of settlement have been fully acted upon and states that she has ‘no objection’ to the quashing of FIR in question.
9. Keeping in view that the dispute between the parties has been amicably resolved, this Court is inclined to quash the FIR in question, as no useful purpose would be served in continuing with the proceedings arising out of the present FIR.
10. For the reasons afore noted, FIR No.216/2016, under Sections 498A/406/506/34 IPC, registered at police station Pandav Nagar, Delhi and consequent proceedings emanating there-from against the petitioners, are hereby quashed.
11. The petition and pending application are accordingly disposed of.
JUDGE FEBRUARY 18, 2021 r