Pankaj & Ors. v. The State & Anr.

Delhi High Court · 30 Oct 2019 · 2019:DHC:5602
Brijesh Sethi
W.P.(Crl.) 2969/2019
2019:DHC:5602
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC following an amicable settlement and mutual consent divorce between the parties.

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W.P.(Crl.) 2969/2019 HIGH COURT OF DELHI
Date of Decision: October 30, 2019
W.P.(CRL) 2969/2019
PANKAJ & ORS ..... Petitioners
Through: Mr.Durgesh Gupta, Advocate with Petitioners No. 1 to 8 & 10 in person
VERSUS
THE STATE & ANR ..... Respondents
Through: Mr.Anand Thumbayal, Advocate for Mr.Rahul Mehra, Standing
Counsel with ASI Devender Singh, PS Aman Vihar
Respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)

1. Quashing of FIR No.1029/2016, under Sections 498A/406/34 IPC, registered at police station Aman Vihar, Delhi is sought on the ground that the dispute between the parties stands settled amicably. Respondent no.2 is present in the court today and submits that she has settled the dispute with the petitioners without any undue influence, coercion or pressure from any source whatsoever.

2. Notice.

3. Mr.Anand Thumbayal, learned counsel for the respondent/State accepts notice and submits that the petitioners as well as respondent No.2/ complainant of this FIR, who are present in the Court have been duly 2019:DHC:5602 W.P.(Crl.) 2969/2019 identified by the Investigating Officer of this case.

4. Learned counsel for the petitioner deletes petitioner No.9 from the array of petitioners as IO states that charge-sheet has not been filed under Section 498/406 IPC against her. The petitioners and respondent no.2 have submitted that they have settled their disputes vide compromise which has taken place before the court itself. The parties have already obtained divorce by mutual consent on 13th February, 2018. The total settlement amount was Rs.2,00,000/-, out of which Rs. 1,30,000/- has been already paid and a demand draft of Rs. 70,000/- has been handed over to respondent no.2 today in the court. Copy of the said demand draft has already been placed on record.

5. Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved. Respondent No.2 further submits that now no dispute with petitioners survive and therefore, the proceeding arising out of the FIR in question be brought to an end.

6. Since the dispute stands amicably resolved between the parties, the petition is allowed and FIR No.1029/2016, under Sections 498A/406/34 IPC, registered at police station Aman Vihar, Delhi and the proceeding emanating therefrom are quashed qua petitioners.

7. The petition stands disposed of.

JUDGE OCROBER 30, 2019 v