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W.P.(Crl.) 3133/2019 HIGH COURT OF DELHI
Date of Decision: November 07, 2019
Date of Decision: November 07, 2019
W.P.(CRL) 3133/2019 & Crl.M.As. 39890-91/2019
HIMANSHU BHEDA & ORS. ..... Petitioners
Through: Mr. Kirty Aggarwal & Ms. Rekha Rani, Advocates
HIMANSHU BHEDA & ORS. ..... Petitioners
Through: Mr. Kirty Aggarwal & Ms. Rekha Rani, Advocates
VERSUS
STATE & ANR. ..... Respondents
Through: Mr.R.S.Kundu, Additional Standing Counsel with Mr. Shivom Sharan, Advocate for respondent
No.1/State.
Mr. Sunil Kumar, Advocate respondent No.2/Complainant.
Through: Mr.R.S.Kundu, Additional Standing Counsel with Mr. Shivom Sharan, Advocate for respondent
No.1/State.
Mr. Sunil Kumar, Advocate respondent No.2/Complainant.
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)
Quashing of FIR No. 37/2019, under Sections 498-A/406/34 IPC, registered at police station Laxmi Nagar, 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, Karkardooma Courts, Delhi in terms of Settlement of 30th May, 2019 and decree of divorce has been already granted by the Family Court
2019:DHC:5830 on 4th October, 2019.
Notice.
Mr.R.S.Kundu, 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 Counceling Cell, Karkardooma 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.5,00,000/- by way of demand draft bearing
No.589169, dated 7th November, 2019, drawn on Punjab National Bank, Maharani Bagh, 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. 37/2019, under Sections 498-
A/406/34 IPC, registered at police station Laxmi Nagar, Delhi and the proceedings emanating therefrom, are hereby quashed qua petitioners.
This petition stand disposed of. Pending applications are disposed of as infructuous.
(BRIJESH SETHI)
JUDGE
NOVEMBER 07, 2019 r
Quashing of FIR No. 37/2019, under Sections 498-A/406/34 IPC, registered at police station Laxmi Nagar, 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, Karkardooma Courts, Delhi in terms of Settlement of 30th May, 2019 and decree of divorce has been already granted by the Family Court
2019:DHC:5830 on 4th October, 2019.
Notice.
Mr.R.S.Kundu, 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 Counceling Cell, Karkardooma 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.5,00,000/- by way of demand draft bearing
No.589169, dated 7th November, 2019, drawn on Punjab National Bank, Maharani Bagh, 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. 37/2019, under Sections 498-
A/406/34 IPC, registered at police station Laxmi Nagar, Delhi and the proceedings emanating therefrom, are hereby quashed qua petitioners.
This petition stand disposed of. Pending applications are disposed of as infructuous.
(BRIJESH SETHI)
JUDGE
NOVEMBER 07, 2019 r