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W.P.(Crl.) 57/2020 HIGH COURT OF DELHI
Date of Decision: January 10, 2020
Date of Decision: January 10, 2020
W.P.(CRL) 57/2020 and CRL.M.A. 331/2020
DAYA SHANKAR & ORS ..... Petitioners
Through M. Hasibuddin, Advocate alongwith petitioners in person
DAYA SHANKAR & ORS ..... Petitioners
Through M. Hasibuddin, Advocate alongwith petitioners in person
VERSUS
THE STATE & ANR ..... Respondents
Through Mr. Ranbir Singh Kundu, Additional Standing Counsel
(Criminal) with Mr. Shivom Saharon and Mr. Hitesh Vali, Advocates with SI Sanjeev
Choudhary, P.S.: Delhi Cantt.
Mr. K.K. Duby, Advocate for Respondent no.2 alongwith respondent no.2 in person
Through Mr. Ranbir Singh Kundu, Additional Standing Counsel
(Criminal) with Mr. Shivom Saharon and Mr. Hitesh Vali, Advocates with SI Sanjeev
Choudhary, P.S.: Delhi Cantt.
Mr. K.K. Duby, Advocate for Respondent no.2 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. 290/2017, under sections 498A/406/34 of the Indian Penal Code, 1860 (‘IPC’), registered at P.S.: Delhi Cantt and the proceedings emanating therefrom.
The petitioners and respondent no.2 have submitted that they have settled their disputes vide Settlement Deed dated 30.08.2019 before the
2020:DHC:157 W.P.(Crl.) 57/2020 Counseling Cell, Family Court, Patiala House, New Delhi. The parties have already obtained divorce by mutual consent on 20.12.2019. The settlement amount was Rs. 4,50,000/-, out of which Rs. 2,00,000/- has been paid to respondent no.2 at the time of first motion and Rs.
1,25,000/- has further been paid to respondent no.2 at the time of second motion and a demand draft of Rs. 1,25,000/- 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, who is present in Court, has reiterated the aforesaid facts and submitted that they have amicably settled their dispute. Respondent no.2 further submitted that she has no objection to the FIR being quashed and the petition being allowed.
The Investigating Officer, who is present in Court, has identified the petitioners as well as respondent no.2.
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. 290/2017, under sections 498A/406/34 of the
IPC, registered at P.S.: Delhi Cantt. and the proceedings emanating therefrom are quashed.
Petition alongwith pending application is disposed of accordingly.
(BRIJESH SETHI)
JUDGE
JANUARY 10, 2020 2020:DHC:157
The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 290/2017, under sections 498A/406/34 of the Indian Penal Code, 1860 (‘IPC’), registered at P.S.: Delhi Cantt and the proceedings emanating therefrom.
The petitioners and respondent no.2 have submitted that they have settled their disputes vide Settlement Deed dated 30.08.2019 before the
2020:DHC:157 W.P.(Crl.) 57/2020 Counseling Cell, Family Court, Patiala House, New Delhi. The parties have already obtained divorce by mutual consent on 20.12.2019. The settlement amount was Rs. 4,50,000/-, out of which Rs. 2,00,000/- has been paid to respondent no.2 at the time of first motion and Rs.
1,25,000/- has further been paid to respondent no.2 at the time of second motion and a demand draft of Rs. 1,25,000/- 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, who is present in Court, has reiterated the aforesaid facts and submitted that they have amicably settled their dispute. Respondent no.2 further submitted that she has no objection to the FIR being quashed and the petition being allowed.
The Investigating Officer, who is present in Court, has identified the petitioners as well as respondent no.2.
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. 290/2017, under sections 498A/406/34 of the
IPC, registered at P.S.: Delhi Cantt. and the proceedings emanating therefrom are quashed.
Petition alongwith pending application is disposed of accordingly.
(BRIJESH SETHI)
JUDGE
JANUARY 10, 2020 2020:DHC:157