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Date of Decision: January 12, 2021
PUNEET CHOHAN AND & ORS. ..... Petitioners
Through: Mr. Tarun Verma, Advocate
Through: Mr. Izhar Ahmed, Additional Public Prosecutor for respondent No.1/ State with
SI Sanju & SI Yashpal, Crime Against Women Cell, Nanakpura
Respondent No. 2/ complainant in person
JUDGMENT
The hearing has been conducted through video conferencing.
1. Vide the present petition, petitioners are seeking quashing of FIR No.75/2016, under Sections 498A/406/34 IPC, registered at Crime Against Women Cell, Nanakpura, New Delhi and all other proceedings arising therefrom.
2. Notice issued. 2021:DHC:120
3. Mr. Izhar Ahmed, learned Additional Public Prosecutor for State accepts notice and submits that respondent No.2 is present through video conference and she has been identified as the complainant of FIR in question by the Investigating Officer of this case, who is also present through video conferencing.
4. With the consent of the parties, the present petition is taken up for final hearing.
5. The marriage between petitioner No.1 and respondent No.2 was solemnized on 10th December, 2005 and due to temporal differences, the marriage could not work and they started living separately since 10th August, 2013. The dispute between the parties culminated into the FIR in question.
6. The present petition has been filed on the ground that the parties have amicably settled their dispute in terms of Settlement- Agreement of 8th August, 2017. It is stated that joint petition under Section 13 (1) (ia) and Section 13 B(2) under the Hindu Marriage Act, 1955 has been allowed by the learned Principal Judge, Family Court, Tis Hazari Court, Delhi and decree of divorce has been granted on 14th March, 2019.
7. Learned counsel for the petitioners submits that the terms of Settlement-Agreement of 8th August, 2017 have been acted upon and the balance amount of Rs.3,00,000/- has been paid to respondent No.2/complainant.
8. 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.
9. For the reasons afore noted, FIR No.75/2016, under Sections 498A/406/34 IPC, registered at Crime Against Women Cell, Nanakpura, New Delhi and consequent proceedings emanating therefrom are quashed.
10. The petition is accordingly allowed and disposed of.
11. The order be uploaded on the website of this Court forthwith.
JUDGE JANUARY 12, 2021 r