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W.P.(Crl.) 346/2020 HIGH COURT OF DELHI
Date of Decision: February 18, 2020
Date of Decision: February 18, 2020
W.P.(CRL) 346/2020 and CRL.M.A. 2573/2020
AALOK GUPTA & ORS. ..... Petitioners
Through Mr. Saavansh Sharma and Mr. Manish, Advocates alongwith petitioners in person
AALOK GUPTA & ORS. ..... Petitioners
Through Mr. Saavansh Sharma and Mr. Manish, Advocates alongwith petitioners in person
VERSUS
STATE & ANR. ..... Respondents
Through Ms. Kamna Vohra, ASC for the State with SI Vipin Shokken, P.S.:
Model Town Mr. Inder Pahuja, Advocate for Respondent no.2/Complainant alongwith respondent no.2 in person
Through Ms. Kamna Vohra, ASC for the State with SI Vipin Shokken, P.S.:
Model Town Mr. Inder Pahuja, Advocate for Respondent no.2/Complainant alongwith respondent no.2 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:1181 0071/2019, under Sections 498A/406/34 of the Indian Penal Code, 1860, registered at P.S.: Model Town 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 on 8th April, 2019 before Delhi Mediation Centre, Tis Hazari Courts, Delhi. As per the affidavit filed by respondent no.2, the parties have already obtained divorce by mutual consent on 18th November, 2019, subject to receipt of payment of balance sum of Rs.
5,00,000/- at the time of quashing of present FIR. In view of the above facts, a demand draft of Rs. 5,00,000/- has been handed over to respondent no.2 today in the court. Copy of the said demand draft has been placed on record.
Respondent no.2 reiterates the aforesaid facts and submits that they have amicably settled their 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. 0071/2019, under Sections 498A/406/34 of the IPC, registered at P.S.: Model Town and the proceedings emanating therefrom are quashed.
The petition alongwith pending application is disposed of accordingly.
(BRIJESH SETHI)
JUDGE
FEBRUARY 18, 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:1181 0071/2019, under Sections 498A/406/34 of the Indian Penal Code, 1860, registered at P.S.: Model Town 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 on 8th April, 2019 before Delhi Mediation Centre, Tis Hazari Courts, Delhi. As per the affidavit filed by respondent no.2, the parties have already obtained divorce by mutual consent on 18th November, 2019, subject to receipt of payment of balance sum of Rs.
5,00,000/- at the time of quashing of present FIR. In view of the above facts, a demand draft of Rs. 5,00,000/- has been handed over to respondent no.2 today in the court. Copy of the said demand draft has been placed on record.
Respondent no.2 reiterates the aforesaid facts and submits that they have amicably settled their 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. 0071/2019, under Sections 498A/406/34 of the IPC, registered at P.S.: Model Town and the proceedings emanating therefrom are quashed.
The petition alongwith pending application is disposed of accordingly.
(BRIJESH SETHI)
JUDGE
FEBRUARY 18, 2020 savita