Neeraj Gupta & ORS. v. State & ANR.
$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 686/2020 NEERAJ GUPTA & ORS.
..... Petitioners Through : Mr.Yashwant Gahlot, Advocate with petitioners in person.
versus STATE & ANR. ..... Respondents Through : Mr.Jamal Akhtar and Mr.Amanpreet Singh, Advocates for State with SI Pradeep Sharma, and ASI Avimesh Kumar, PS Govindpuri, in person.
Mr.Raja Panda, Advocate for respondent No.2 with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
O R D E R
% 11.03.2020 CRL.M.A.No.5254/2020 Exemption allowed, subject to all just exceptions. The application stands disposed of.
W.P.(CRL) 686/2020 Petitioners filed this petition for quashing of the FIR No.142/2018 under Section 406/498A/34 Indian Penal Code registered at police station Govind Puri, Delhi against them and the proceedings emanating therefrom.
The petitioner No.1 is husband and complainant/ respondent No.2/wife have settled their disputes amicably per Memorandum of Understanding dated 16.02.2019, annexed with petition and they have already obtained the divorce by mutual consent under the Hindu
Marriage Act, 1955 and as last leg of payment an amount of Rs.1.50 lac is being paid vide draft No.594312 dated 03.03.2020 drawn on Punjab National Bank in favour of respondent No.2, which has been accepted by her today in the Court.
The complainant/respondent No.2 is present has been duly identified by the Investigating Officer, states the matter has been settled with the petitioners and she has no objection if the FIR is quashed against the petitioners. The copy of Aadhaar card of respondent No.2 is at pages No.53. The learned APP for the State has also no objection, if this petition is allowed. Considering the above settlement between the parties, there is no justification to proceed with the criminal case as complainant has settled all the disputes and has received settled amount from petitioners.
Accordingly, the petition is allowed. Consequently, FIR No.142/2018 under Section 406/498A/34 Indian Penal Code registered at police station Govind Puri, Delhi and the proceedings emanating therefrom are quashed. No order as to costs. Order dasti. YOGESH KHANNA, J.
MARCH 11, 2020 M