Full Text
Translation output
W.P.(Crl.) 3179/2019 HIGH COURT OF DELHI
Date of Decision: November 15, 2019
Date of Decision: November 15, 2019
W.P.(CRL) 3179/2019 & Crl.M.A. 40226/2019
RAM SINGH & ORS. ..... Petitioners
Through: Mr. Yogesh Kumar & Mr. Harkesh Parashar, Advocates with petitioners in person
RAM SINGH & ORS. ..... Petitioners
Through: Mr. Yogesh Kumar & Mr. Harkesh Parashar, Advocates with petitioners in person
VERSUS
STATE & ANR. ..... Respondents
Through: Mr. Sanjay Lao, Additional Standing Counsel for Mr.Ashish
Aggarwal, Additional Standing Counsel for respondent No.1/State with Inspector Naresh
Mr. Muddassar Khan, Advocate with respondent No.2 in person
Through: Mr. Sanjay Lao, Additional Standing Counsel for Mr.Ashish
Aggarwal, Additional Standing Counsel for respondent No.1/State with Inspector Naresh
Mr. Muddassar Khan, Advocate with respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)
Quashing of FIR No. 278/2016, under Sections 498-A/406/34 IPC, registered at police station Maurya Enclave, 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
Counseling Cell, Rohini Courts, New Delhi in terms of Settlement of 29th August, 2018 and decree of divorce has been already granted by the
Family Court on 25th January, 2019.
Notice.
2019:DHC:6004 W.P.(Crl.) 3179/2019 Mr. Sanjay Lao, Additional Standing Counsel 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 Counselling Cell, Rohini 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.1,40,000/- by way of demand draft bearing No.008196, dated 8th November, 2019, drawn on Axis 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. 278/2016, under Sections 498-
A/406/34 IPC, registered at police station Maurya Enclave, Delhi and the proceedings emanating therefrom, are hereby quashed qua petitioners.
This petition stand disposed of. Pending application is disposed of as infructuous.
(BRIJESH SETHI)
JUDGE
NOVEMBER 15, 2019 2019:DHC:6004
Quashing of FIR No. 278/2016, under Sections 498-A/406/34 IPC, registered at police station Maurya Enclave, 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
Counseling Cell, Rohini Courts, New Delhi in terms of Settlement of 29th August, 2018 and decree of divorce has been already granted by the
Family Court on 25th January, 2019.
Notice.
2019:DHC:6004 W.P.(Crl.) 3179/2019 Mr. Sanjay Lao, Additional Standing Counsel 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 Counselling Cell, Rohini 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.1,40,000/- by way of demand draft bearing No.008196, dated 8th November, 2019, drawn on Axis 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. 278/2016, under Sections 498-
A/406/34 IPC, registered at police station Maurya Enclave, Delhi and the proceedings emanating therefrom, are hereby quashed qua petitioners.
This petition stand disposed of. Pending application is disposed of as infructuous.
(BRIJESH SETHI)
JUDGE
NOVEMBER 15, 2019 2019:DHC:6004