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W.P.(CRL) 2497/2019 1
HIGH COURT OF DELHI
Date of Decision: December 06, 2019
HIGH COURT OF DELHI
Date of Decision: December 06, 2019
W.P.(CRL) 2497/2019 & Crl.M.A. 35289-90/2019
GAGAN SHARMA & ORS. ..... Petitioner
Through: Mr. Daya Nand Sharma, Advocate
GAGAN SHARMA & ORS. ..... Petitioner
Through: Mr. Daya Nand Sharma, Advocate
VERSUS
THE STATE & ORS. ..... Respondents
Through: Mr. Ranbir Singh Kudoo, Additional Standing Counsel, Mr. Shivom Sohran, Mr. Pawan Kumar & Ms.Suman Soharan, Advocates for respondent
No.1/State with Inspector Ratnesh Kumar Respondent No.2 in person.
Through: Mr. Ranbir Singh Kudoo, Additional Standing Counsel, Mr. Shivom Sohran, Mr. Pawan Kumar & Ms.Suman Soharan, Advocates for respondent
No.1/State with Inspector Ratnesh Kumar Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)
Quashing of FIR No. 1001/2015, under Sections 498-A/406/34 IPC and Section 4 of Dowry Prohibition Act, registered at police station New
Usmanpur, Delhi is sought on the ground that the matrimonial dispute between the parties stands amicably resolved in terms of mediated settlement of 2nd June, 2018 reached through Delhi Mediation Centre, Karkardooma Courts, Delhi.
Learned Standing Counsel for 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
2019:DHC:6730
Quashing of FIR No. 1001/2015, under Sections 498-A/406/34 IPC and Section 4 of Dowry Prohibition Act, registered at police station New
Usmanpur, Delhi is sought on the ground that the matrimonial dispute between the parties stands amicably resolved in terms of mediated settlement of 2nd June, 2018 reached through Delhi Mediation Centre, Karkardooma Courts, Delhi.
Learned Standing Counsel for 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
2019:DHC:6730
W.P.(CRL) 2497/2019 2
Investigating Officer on the basis of identity proof furnished by them.
Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved in terms of mediated settlement of 2nd June, 2018 reached through Delhi Mediation Centre, Karkardooma Courts, Delhi and terms thereof have been fully acted upon as today, she has received the balance settled amount of Rs.1,50,000/- by way of demand draft bearing No.239213, dated 3rd December, 2019, drawn on Punjab National Bank, Branch Bhajanpura, Delhi from petitioners. Respondent No.2 submits that decree of divorce has been granted by the Family Court on 12th September, 2018 and that now, no grievance against petitioners survives and so, the FIR in question and proceedings emanating therefrom be quashed.
Since the subject matter of the FIR in question is essentially matrimonial, which stands mutually and amicably resolved between the parties and decree of divorce has been already granted by the Family
Court, no useful purpose would be served in continuation of proceedings arising out of FIR in question.
In view of the above, FIR No. 1001/2015, under Sections 498-
A/406/34 IPC and Section 4 of Dowry Prohibition Act, registered at police station New Usmanpur, Delhi and the proceedings emanating therefrom, are hereby quashed qua petitioners.
This petition and applications stand disposed of.
(BRIJESH SETHI)
JUDGE
DECEMBER 06, 2019 r 2019:DHC:6730
Investigating Officer on the basis of identity proof furnished by them.
Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved in terms of mediated settlement of 2nd June, 2018 reached through Delhi Mediation Centre, Karkardooma Courts, Delhi and terms thereof have been fully acted upon as today, she has received the balance settled amount of Rs.1,50,000/- by way of demand draft bearing No.239213, dated 3rd December, 2019, drawn on Punjab National Bank, Branch Bhajanpura, Delhi from petitioners. Respondent No.2 submits that decree of divorce has been granted by the Family Court on 12th September, 2018 and that now, no grievance against petitioners survives and so, the FIR in question and proceedings emanating therefrom be quashed.
Since the subject matter of the FIR in question is essentially matrimonial, which stands mutually and amicably resolved between the parties and decree of divorce has been already granted by the Family
Court, no useful purpose would be served in continuation of proceedings arising out of FIR in question.
In view of the above, FIR No. 1001/2015, under Sections 498-
A/406/34 IPC and Section 4 of Dowry Prohibition Act, registered at police station New Usmanpur, Delhi and the proceedings emanating therefrom, are hereby quashed qua petitioners.
This petition and applications stand disposed of.
(BRIJESH SETHI)
JUDGE
DECEMBER 06, 2019 r 2019:DHC:6730