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W.P.(Crl.) 678/2019 HIGH COURT OF DELHI
Date of Decision: November 18, 2019
Date of Decision: November 18, 2019
W.P.(CRL) 678/2019
JATIN GUPTA & ORS. ..... Petitioners
Through: Mr. Aashish Kumar, Advocate
JATIN GUPTA & ORS. ..... Petitioners
Through: Mr. Aashish Kumar, Advocate
VERSUS
THE STATE OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Rahul Mehra, Standing Counsel & Mr. Jamal Akhtar, Advocate for respondent
No.1/State Respondent No.2 in person
Through: Mr. Rahul Mehra, Standing Counsel & Mr. Jamal Akhtar, Advocate for respondent
No.1/State Respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)
Quashing of FIR No. 984/2017, under Sections 420/354/354A/
120B/498-A/406/34 IPC, registered at police station Narela, 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 Courts, New Delhi in terms of
Settlement Agreement of 6th August, 2018 and decree of divorce has been already granted by the Family Court on 29th January, 2019.
Notice.
Mr. Rahul Mehra, Standing Counsel for respondent No.1/State
2019:DHC:6080 W.P.(Crl.) 678/2019 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 Courts and terms of settlement reached between the parties have been fully acted upon as today, she has received the balance settled amount of Rs.3,25,000/- by way of demand draft bearing
No.502903, dated 13th November, 2019, drawn on HDFC Bank, New 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, FIR No. 984/2017, under Sections
420/354/354A/ 120B/498-A/406/34 IPC, registered at police station
Narela, Delhi and the proceedings emanating therefrom, are hereby quashed qua petitioners.
This petition stands disposed of.
(BRIJESH SETHI)
JUDGE
NOVEMBER 18, 2019 r 2019:DHC:6080
Quashing of FIR No. 984/2017, under Sections 420/354/354A/
120B/498-A/406/34 IPC, registered at police station Narela, 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 Courts, New Delhi in terms of
Settlement Agreement of 6th August, 2018 and decree of divorce has been already granted by the Family Court on 29th January, 2019.
Notice.
Mr. Rahul Mehra, Standing Counsel for respondent No.1/State
2019:DHC:6080 W.P.(Crl.) 678/2019 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 Courts and terms of settlement reached between the parties have been fully acted upon as today, she has received the balance settled amount of Rs.3,25,000/- by way of demand draft bearing
No.502903, dated 13th November, 2019, drawn on HDFC Bank, New 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, FIR No. 984/2017, under Sections
420/354/354A/ 120B/498-A/406/34 IPC, registered at police station
Narela, Delhi and the proceedings emanating therefrom, are hereby quashed qua petitioners.
This petition stands disposed of.
(BRIJESH SETHI)
JUDGE
NOVEMBER 18, 2019 r 2019:DHC:6080