Anil Goyal & Ors. v. State & Anr.

Delhi High Court · 30 Oct 2019 · 2019:DHC:5603
Brijesh Sethi
W.P.(CRL) 264/2019
2019:DHC:5603
criminal petition_allowed

AI Summary

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

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W.P.(CRL) 264/2019
HIGH COURT OF DELHI
Date of Decision: October 30, 2019
W.P.(CRL) 264/2019 & CRL.M.A. 1809/2019
ANIL GOYAL & ORS. ..... Petitioners
Through: Ms.Chandrani Prasad and Mr.Anuj Jain, Advocates
VERSUS
STATE & ANR. ..... Respondents
Through: Mr.Amanpreet Singh, Advocate for Mr.Rahul Mehra, Standing
Counsel for State with W/SI Usha Rani, Binda Pur
Mr.Diwakar Bhardwaj, Advocate for respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)

1. Quashing of FIR No. 0368/2018, under Sections 498A/34 IPC, registered at police station Binda Pur, Delhi is sought on the ground that the dispute between the parties stands amicably settled. 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.Amanpreet Singh, learned counsel for the respondent/State 2019:DHC:5603 W.P.(CRL) 264/2019 accepts notice and submit that the petitioners as well as respondent No.2/ complainant of this FIR, who are present in the Court have been duly identified by the Investigating Officer of this case.

4. The petitioners and respondent no.2 have submitted that they have settled their disputes vide Memorandum of Understanding 3rd January,

2019. The parties have already obtained divorce by mutual consent on 18th April, 2019. The total settlement amount was Rs. 29,00,000/-. Apart from total settlement amount, a further amount of Rs. 3,50,000/- has been paid by way of demand draft as per amended settlement. The said demand draft has been handed over to respondent no.2 today in the court.

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 proceedings 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. 0368/2018, under Sections 498A/34 IPC, registered at police station Binda Pur, Delhi and the proceeding emanating therefrom are quashed qua petitioners.

7. The petition stands disposed of. The other pending application also stands disposed of.

JUDGE OCROBER 30, 2019 v