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HIGH COURT OF DELHI
Date of Decision: January 20, 2020
Date of Decision: January 20, 2020
W.P.(CRL) 152/2020
NITESH SHARMA & ORS. ..... Petitioners
Through: Mr. Anurag Kasana & Mr. Pramod Kumar, Advocates with petitioners in person
NITESH SHARMA & ORS. ..... Petitioners
Through: Mr. Anurag Kasana & Mr. Pramod Kumar, Advocates with petitioners in person
VERSUS
THE STATE & ANR. ..... Respondents
Through: Mr.Tarang Srivastava, Additional Public Prosecutor for respondent
No.1/State with ASI Pran Singh Mr. Pradeep Singh, Advocate with respondent No.2 in person.
Through: Mr.Tarang Srivastava, Additional Public Prosecutor for respondent
No.1/State with ASI Pran Singh Mr. Pradeep Singh, Advocate with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)
Quashing of FIR No. 24/2019, under Sections 498A/406/34 IPC, registered at police station Janakpuri, New Delhi is sought in this petition on the basis of mediated settlement of 4th May, 2019 reached before Delhi Mediation Centre, Dwarka Courts, New Delhi and that decree of divorce has already been granted by the Family Court, Dwarka, New Delhi on 5th December, 2019.
Notice.
Mr.Tarang Srivastava, learned Additional Public Prosecutor for
2020:DHC:370 respondent/State submits that petitioners as well as respondent No.2/ complainant of this FIR, are present in the Court and they have been duly identified by the Investigating Officer of this case.
Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved through Mediation
Centre, Dwarka Courts, New Delhi and terms of settlement reached between the parties have been fully acted upon as today, she has received the balance settled amount of Rs.4,25,000/- by way of demand draft bearing No.505329, dated 4th January, 2020, drawn on ICICI Bank, Connaught Place, New Delhi from petitioners and that decree of divorce has already been granted by the Family Court on 5th December, 2019.
Respondent No.2 submits that now no grievance against petitioners survives and therefore, the proceedings arising out of the FIR in question be brought to an end.
Since the matrimonial dispute stands amicably resolved between the parties, this petition is allowed and Quashing of FIR No. 24/2019, under Sections 498A/406/34 IPC, registered at police station Janakpuri, New Delhi and the proceedings emanating therefrom are quashed qua petitioners.
This petition stands disposed of accordingly.
(BRIJESH SETHI)
JUDGE
JANUARY 20, 2020 r 2020:DHC:370
Quashing of FIR No. 24/2019, under Sections 498A/406/34 IPC, registered at police station Janakpuri, New Delhi is sought in this petition on the basis of mediated settlement of 4th May, 2019 reached before Delhi Mediation Centre, Dwarka Courts, New Delhi and that decree of divorce has already been granted by the Family Court, Dwarka, New Delhi on 5th December, 2019.
Notice.
Mr.Tarang Srivastava, learned Additional Public Prosecutor for
2020:DHC:370 respondent/State submits that petitioners as well as respondent No.2/ complainant of this FIR, are present in the Court and they have been duly identified by the Investigating Officer of this case.
Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved through Mediation
Centre, Dwarka Courts, New Delhi and terms of settlement reached between the parties have been fully acted upon as today, she has received the balance settled amount of Rs.4,25,000/- by way of demand draft bearing No.505329, dated 4th January, 2020, drawn on ICICI Bank, Connaught Place, New Delhi from petitioners and that decree of divorce has already been granted by the Family Court on 5th December, 2019.
Respondent No.2 submits that now no grievance against petitioners survives and therefore, the proceedings arising out of the FIR in question be brought to an end.
Since the matrimonial dispute stands amicably resolved between the parties, this petition is allowed and Quashing of FIR No. 24/2019, under Sections 498A/406/34 IPC, registered at police station Janakpuri, New Delhi and the proceedings emanating therefrom are quashed qua petitioners.
This petition stands disposed of accordingly.
(BRIJESH SETHI)
JUDGE
JANUARY 20, 2020 r 2020:DHC:370