High Court of DelhiW.P.(CRL)/504/2020

Tarun Gupta & ORS. v. State & ANR.

2020-02-19Hon'Ble Mr. Justice Brijesh Sethi2 pages

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: February 19, 2020 + W.P.(CRL) 504/2020 & Crl.M.A. 3772/2020 TARUN GUPTA & ORS.

..... Petitioners Through:

Mr. Amar Chauhan, Advocate

Versus

STATE & ANR.

..... Respondents Through:

Mr. R.S.Kundu, Additional Standing Counsel for respondent No.1/State with ASI Virender Prakash Respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE BRIJESH SETHI

JUDGMENT

BRIJESH SETHI, J (oral) Quashing of FIR No. 288/2016, under Sections 498A/406/ 352/342/34 IPC, registered at police station Gandhi Nagar East, Delhi is sought in this petition on the ground that the matrimonial dispute inter se parties stand resolved in terms of Settlement Deed of 5th August, 2019 and that decree of divorce has already been granted by the Family Court, Karkardooma Courts, Delhi on 25th January, 2020. Learned counsel for petitioner has placed before this Court a copy of petition under Section 13(B) (1) of Hindu Marriage Act, 1955 and a copy of joint statement of parties recorded under Section 13 (B) (2) of Hindu Marriage Act, 1955 and decree sheet dated 25th January, 2020 W.P.(CRL) 504/2020

passed by the learned Family Court, Karkardooma Courts, Delhi. Notice.

Mr.R.S.Kundu, learned Additional Public Prosecutor for respondent/State submits that petitioners as well as respondent No.2/ complainant of this FIR, are present in the Court and they have been duly identified by the Investigating Officer of this case. Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved in terms of Settlement Deed of 5th August, 2019 and in terms thereof, she has today received demand draft bearing No.004738, dated 15th February, 2020, amounting to Rs.1,75,000/-, drawn on Axis Bank, New Delhi from petitioners and that decree of divorce has already been granted by the Family Court, Karkardooma Courts, Delhi on 25th January, 2020. Respondent No.

2 submits that now no grievance against petitioners survives and, therefore, the proceedings arising out of the FIR in question be brought to an end. Since the matrimonial dispute stands amicably resolved between the parties, this petition is allowed and Quashing of FIR No. 288/2016, under Sections 498A/406/ 352/342/34 IPC, registered at police station Gandhi Nagar East, Delhi and the proceedings emanating therefrom are quashed qua petitioners.

This petition alongwith pending application stand disposed of accordingly.

(BRIJESH SETHI) JUDGE FEBRUARY 19, 2020/r W.P.(CRL) 504/2020