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High Court of DelhiW.P.(CRL)/513/2020

Avinash Saxena & ORS v. The State (Govt. Of NCT Of Delhi) & ANR

2020-02-20Hon'Ble Mr. Justice Brijesh Sethi2 pages

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: February 20, 2020 + W.P.(CRL) 513/2020 & Crl.M.A. 3873/2020 AVINASH SAXENA & ORS.

..... Petitioners Through:

Ms. Swagata Bhuyan, proxy Advocate with petitioners in person.

Versus

THE STATE (GOVT. OF NCT OF DELHI) & ANR.. Respondents Through:

Mr.Jamal Akhtar, Advocate for Mr.Rahul Mehra, Standing Counsel for respondent/State Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE BRIJESH SETHI

JUDGMENT

BRIJESH SETHI, J (oral) Quashing of FIR No. 66/2018, under Sections 498A/406/ 34 IPC, registered at police station Nanakpura, Delhi is sought in this petition on the ground that the matrimonial dispute inter se parties stand resolved in terms of mediated Settlement Agreement of 8th October, 2018 reached before The Mediation Centre, Dwarka Courts, New Delhi and that decree of divorce has already been granted by the Family Court, Karkardooma Courts, Delhi on 6th August, 2019.

Notice.

W.P.(CRL) 513/2020

Mr.Jamal Akhtar, Advocate for Mr.Rahul Mehra, Standing Counsel for respondent/State, accepts notice and submits that petitioners as well as respondent No.2/ complainant of this FIR, are present in the Court and they have been duly identified on the basis of identity proof furnished by them.

Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved in terms of Settlement Agreement of 8th October, 2018 and in terms thereof, she has today received demand draft bearing No.114948, dated 19th February, 2020, amounting to Rs.2,00,000/-, drawn on Syndicate Bank, New Delhi from petitioners and that decree of divorce has already been granted by the Family Court, Karkardooma Courts, Delhi on 6th August, 2019. 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. 66/2018, under Sections 498A/406/ 34 IPC, registered at police station Nanakpura, Delhi and the proceedings emanating therefrom are quashed qua petitioners.

This petition alongwith pending application stand disposed of accordingly.

(BRIJESH SETHI) JUDGE FEBRUARY 20, 2020/r W.P.(CRL) 513/2020