Satyam Khanna & ANR. v. The State NCT Of Delhi & ANR.

$~31 *IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: February 19, 2021 + CRL.M.C. 538/2021 & Crl.M.A. 2695-96/2021 SATYAM KHANNA & ANR.

..... Petitioner Through:

Mr. Haneef Mohd., Advocate

Versus

THE STATE NCT OF DELHI & ANR. ..... Respondents Through:

Mr. Izhar Ahmed, Additional Public Prosecutor for respondent No.1/State with Inspector Jagdeep Malik & Inspector C P Singh Respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) % 19.02.2021 The hearing has been conducted through video conferencing. 1.

By this petition, petitioners are seeking quashing of FIR No.274/2016, under Sections 498A/406/34 IPC, registered at police station Geeta Colony, Delhi and the proceedings emanating therefrom.

Crl M.C.538/2021 Page 1 of 4

2.

Notice issued.

3.

Mr. Izhar Ahmed, learned Additional Public Prosecutor for State accepts notice and submits that respondent No.2 is present through video conferencing and she has been identified as the complainant of FIR in question by the Investigating Officers of this case, who are also present through video conferencing. 4.

With the consent of the parties, the present petition is taken up for final hearing.

5.

The marriage between petitioner No.1 and respondent No.2 was solemnized on 14.10.2015 and due to temporal differences, the marriage could not work and they started living separately since 14.12.2016. The dispute between the parties culminated into the FIR in question.

6.

The present petition has been filed on the ground that the parties have amicably settled their dispute in terms of SettlementAgreement of 09.12.2019 arrived at Delhi High Court Mediation and Conciliation Centre. It is stated that joint petition under Section 13 (1) (ia) and Section 13 B(2) under the Hindu Marriage Act, 1955 has been allowed by the learned Principal Judge, Family Court, Crl M.C.538/2021 Page 2 of 4

Saket Courts, New Delhi and decree of divorce has been granted on 16.12.2020.

7.

Learned counsel for the petitioners submits that the terms of Settlement-Agreement dated 09.12.2019 have been acted upon and the balance amount of Rs.4,55,000/- has been paid to respondent No.2/complainant. Respondent No.2, present through video conferencing, affirms factum of receipt of balance amount and submits she has 'no objection' to quashing of FIR in question. 8.

Keeping in view that the dispute between the parties has been amicably resolved, this Court is inclined to quash the FIR in question, as no useful purpose would be served in continuing with the proceedings arising out of the present FIR. 9.

For the reasons afore noted, FIR No.274/2016, under Sections 498A/406/34 IPC, registered at police station Geeta Colony, Delhi and consequent proceedings emanating therefrom are hereby quashed.

10.

The petition is accordingly allowed and disposed of. Pending applications also stand disposed of.

Crl M.C.538/2021 Page 3 of 4

11.

The order be uploaded on the website of this Court forthwith. (SURESH KUMAR KAIT) JUDGE FEBRUARY 19, 2021 r Crl M.C.538/2021 Page 4 of 4