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W.P.(Crl.) 535/2020 HIGH COURT OF DELHI
Date of Decision: March 06, 2020
Date of Decision: March 06, 2020
W.P.(CRL) 535/2020 and CRL.M.A. 4032/2020
ANKUR JINDAL & ORS. ..... Petitioners
Through Mr. Sahil Munjal and Mr. Prateek Goswami, Advocates alongwith petitioners in person
ANKUR JINDAL & ORS. ..... Petitioners
Through Mr. Sahil Munjal and Mr. Prateek Goswami, Advocates alongwith petitioners in person
VERSUS
STATE & ANR. ..... Respondents
Through Ms. Anand Thumbayil, Advocate for Mr. Rahul Mehra, Standing
Counsel (Criminal) for the State with SI Neeraj, P.s.: Shalimar
Bagh, Delhi Mr. S.P. Aggarwal, Ms. Shashi Kaushik and Mr. Khem Chand, Advocates for respondent no.2 / complainant alongwith respondent no.2/complainant in person
Through Ms. Anand Thumbayil, Advocate for Mr. Rahul Mehra, Standing
Counsel (Criminal) for the State with SI Neeraj, P.s.: Shalimar
Bagh, Delhi Mr. S.P. Aggarwal, Ms. Shashi Kaushik and Mr. Khem Chand, Advocates for respondent no.2 / complainant alongwith respondent no.2/complainant in person
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)
The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.
2020:DHC:1613 0090/2017, under Sections 406/498A/34 of the Indian Penal Code, 1860, registered at P.S.: Shalimar Bagh and the proceedings emanating therefrom.
The Investigating Officer, who is present in Court, has identified the petitioners as well as respondent no.2.
The petitioners and respondent no.2 have submitted that they have settled their disputes vide Memorandum of Understanding dated 15th November, 2019. The parties have already obtained divorce by mutual consent on 28.01.2020. The settlement amount was Rs. 60,00,000/-, out of which Rs. 20,00,000/- has been paid to respondent no.2 at the time of first motion and Rs. 20,00,000/- has further been paid to respondent no.2 at the time of second motion and two demand drafts of Rs. 10,00,000/-
(each) have been handed over to respondent no.2 today in the court.
Copy of the said demand drafts has been placed on record.
Respondent no.2 reiterates the aforesaid facts and submits that she has amicably settled her dispute without any pressure or coercion from any source whatsoever. Respondent no.2 has further submitted that she has no objection if the FIR is quashed and the petition is allowed.
In view of the above settlement arrived at between the parties, this
Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No. 0090/2017, under Sections 406/498A/34 of the IPC, registered at P.S.: Shalimar Bagh and the proceedings emanating therefrom are quashed.
Petition alongwith pending application is disposed of accordingly.
Dasti.
(BRIJESH SETHI)
JUDGE
MARCH 06, 2020 savita
The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.
2020:DHC:1613 0090/2017, under Sections 406/498A/34 of the Indian Penal Code, 1860, registered at P.S.: Shalimar Bagh and the proceedings emanating therefrom.
The Investigating Officer, who is present in Court, has identified the petitioners as well as respondent no.2.
The petitioners and respondent no.2 have submitted that they have settled their disputes vide Memorandum of Understanding dated 15th November, 2019. The parties have already obtained divorce by mutual consent on 28.01.2020. The settlement amount was Rs. 60,00,000/-, out of which Rs. 20,00,000/- has been paid to respondent no.2 at the time of first motion and Rs. 20,00,000/- has further been paid to respondent no.2 at the time of second motion and two demand drafts of Rs. 10,00,000/-
(each) have been handed over to respondent no.2 today in the court.
Copy of the said demand drafts has been placed on record.
Respondent no.2 reiterates the aforesaid facts and submits that she has amicably settled her dispute without any pressure or coercion from any source whatsoever. Respondent no.2 has further submitted that she has no objection if the FIR is quashed and the petition is allowed.
In view of the above settlement arrived at between the parties, this
Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No. 0090/2017, under Sections 406/498A/34 of the IPC, registered at P.S.: Shalimar Bagh and the proceedings emanating therefrom are quashed.
Petition alongwith pending application is disposed of accordingly.
Dasti.
(BRIJESH SETHI)
JUDGE
MARCH 06, 2020 savita