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W.P.(Crl.) 3226/2019 HIGH COURT OF DELHI
Date of Decision: November 19, 2019
Date of Decision: November 19, 2019
W.P.(CRL) 3226/2019
GAURAV GUPTA & ORS. ..... Petitioners
Through: Ms. Swati Arora, Advocate with petitioners in person.
GAURAV GUPTA & ORS. ..... Petitioners
Through: Ms. Swati Arora, Advocate with petitioners in person.
VERSUS
STATE & ANR. ..... Respondents
Through: Mr. Piyush Aggarwal, Advocate for Mr.Ashish Aggarwal, Additional Public Prosecutor for respondent No.1/ State with SI
Vipin Shoukeen.
Mr. Saksham Bhyana, Advocate with respondent No.2 in person.
Through: Mr. Piyush Aggarwal, Advocate for Mr.Ashish Aggarwal, Additional Public Prosecutor for respondent No.1/ State with SI
Vipin Shoukeen.
Mr. Saksham Bhyana, Advocate with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)
Quashing of FIR No. 271/2017, under Sections 498-A/406/34 IPC, registered at police station Model Town, Delhi is sought by petitioners on the ground that the matrimonial dispute between petitioner No.1-husband and respondent No.2-wife stands amicably settled before Mediation
Centre, Rohini District Courts, Delhi in terms of Settlement Agreement of
27th July, 2019 and decree of divorce has been already granted by the
Family Court on 18th September, 2019.
Notice.
Mr. Piyush Aggarwal, Advocate, appearing on behalf of Mr. 2019:DHC:6127
W.P.(Crl.) 3226/2019 Piyush Aggarwal, Additional Public Prosecutor for respondent No.1/State submits that respondent No.2 is present in the Court and she has been duly identified to be complainant of FIR in question on the basis of identity proof furnished by her.
Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved through Mediation
Centre, Rohini District Courts, 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.3,00,000/- by way of demand draft bearing No.801250, dated 15th October, 2019, drawn on Punjab National Bank, Branch Gujrawala Town, Delhi from petitioners. Respondent No.2 submits 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, 271/2017, under Sections 498-A/406/34 IPC, registered at police station Model Town, Delhi and the proceedings emanating therefrom, are hereby quashed qua petitioners.
This petition stands disposed of.
(BRIJESH SETHI)
JUDGE
NOVEMBER 19, 2019 r 2019:DHC:6127
Quashing of FIR No. 271/2017, under Sections 498-A/406/34 IPC, registered at police station Model Town, Delhi is sought by petitioners on the ground that the matrimonial dispute between petitioner No.1-husband and respondent No.2-wife stands amicably settled before Mediation
Centre, Rohini District Courts, Delhi in terms of Settlement Agreement of
27th July, 2019 and decree of divorce has been already granted by the
Family Court on 18th September, 2019.
Notice.
Mr. Piyush Aggarwal, Advocate, appearing on behalf of Mr. 2019:DHC:6127
W.P.(Crl.) 3226/2019 Piyush Aggarwal, Additional Public Prosecutor for respondent No.1/State submits that respondent No.2 is present in the Court and she has been duly identified to be complainant of FIR in question on the basis of identity proof furnished by her.
Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved through Mediation
Centre, Rohini District Courts, 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.3,00,000/- by way of demand draft bearing No.801250, dated 15th October, 2019, drawn on Punjab National Bank, Branch Gujrawala Town, Delhi from petitioners. Respondent No.2 submits 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, 271/2017, under Sections 498-A/406/34 IPC, registered at police station Model Town, Delhi and the proceedings emanating therefrom, are hereby quashed qua petitioners.
This petition stands disposed of.
(BRIJESH SETHI)
JUDGE
NOVEMBER 19, 2019 r 2019:DHC:6127