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W.P.(CRL) 3277/2019 1
HIGH COURT OF DELHI
Date of Decision: December 09, 2019
HIGH COURT OF DELHI
Date of Decision: December 09, 2019
W.P.(CRL) 3277/2019 & Crl.M.A. 40952/2019
ANIL TEWATIA & ORS. ..... Petitioner
Through: Mr. Harish Jaidka, Advocate with petitioner No.1 & 2 in person
ANIL TEWATIA & ORS. ..... Petitioner
Through: Mr. Harish Jaidka, Advocate with petitioner No.1 & 2 in person
VERSUS
STATE & ANR. ..... Respondent
Through: Mr. Jamal Akhtar, Additional Standing Counsel with ASI Ramlal for respondent No.1/State
Mr. Vijay Kumar, Advocate for respondent No.2
Through: Mr. Jamal Akhtar, Additional Standing Counsel with ASI Ramlal for respondent No.1/State
Mr. Vijay Kumar, Advocate for respondent No.2
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)
Quashing of FIR No. 269/2016, under Sections 498A/406/34 IPC, registered at police station Chhawala, New Delhi is sought in this petition on the basis of mediated settlement of 25th March, 2019 reached before Delhi High Court Mediation and Conciliation Centre, New Delhi.
Learned counsel for petitioners submits that petitioners No.2 & 3 are senior citizens and are aged 72 and 70 years respectively and that petitioner No.2 has undergone liver transplant and so they are unable to come to court and also that petitioners No.2, 3 and 4 are represented through Special Power of Attorney Holder/petitioner No.1.
2019:DHC:6782
Quashing of FIR No. 269/2016, under Sections 498A/406/34 IPC, registered at police station Chhawala, New Delhi is sought in this petition on the basis of mediated settlement of 25th March, 2019 reached before Delhi High Court Mediation and Conciliation Centre, New Delhi.
Learned counsel for petitioners submits that petitioners No.2 & 3 are senior citizens and are aged 72 and 70 years respectively and that petitioner No.2 has undergone liver transplant and so they are unable to come to court and also that petitioners No.2, 3 and 4 are represented through Special Power of Attorney Holder/petitioner No.1.
2019:DHC:6782
W.P.(CRL) 3277/2019 2
Mr. Jamal Akhtar, learned Additional Public Prosecutor 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 Investigating Officer of this case.
Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved through Delhi High Court
Mediation and Conciliation Centre, 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.11,25,000/- by way of demand draft bearing No.015534, dated 24th September, 2019, drawn on HDFC Bank, New Delhi from petitioners and that decree of divorce has already been granted by the Family Court on 30th March, 2015. Respondent No.2 submits that now no grievance against petitioners survives and so, 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. 269/2016, under Sections 498A/406/34 IPC, registered at police station Chhawala, New Delhi and the proceedings emanating therefrom are quashed qua petitioners.
This petition and application stand disposed of accordingly.
(BRIJESH SETHI)
JUDGE
DECEMBER 09, 2019 r 2019:DHC:6782
Mr. Jamal Akhtar, learned Additional Public Prosecutor 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 Investigating Officer of this case.
Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved through Delhi High Court
Mediation and Conciliation Centre, 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.11,25,000/- by way of demand draft bearing No.015534, dated 24th September, 2019, drawn on HDFC Bank, New Delhi from petitioners and that decree of divorce has already been granted by the Family Court on 30th March, 2015. Respondent No.2 submits that now no grievance against petitioners survives and so, 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. 269/2016, under Sections 498A/406/34 IPC, registered at police station Chhawala, New Delhi and the proceedings emanating therefrom are quashed qua petitioners.
This petition and application stand disposed of accordingly.
(BRIJESH SETHI)
JUDGE
DECEMBER 09, 2019 r 2019:DHC:6782