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High Court of DelhiW.P.(CRL)/1223/2020

Vishal Tyagi & ORS. v. State Of NCT Of Delhi & ANR.

2020-08-25Hon'Ble Mr. Justice Yogesh Khanna2 pages

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1223/2020 VISHAL TYAGI & ORS.

..... Petitioners Through : Mr.Jitender Tyagi and Mr.Rajesh Pandey, Advocates.

versus STATE OF NCT OF DELHI & ANR. ..... Respondents Through : Ms.Richa Kapoor, ASC for the State with Ms.Shivani Sharma, Advocate.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 25.08.2020 1.

The hearing has been conducted through Video Conferencing. 2.

This petition is filed for quashing of FIR No.200/2018 under Section 406/498A/34 Indian Penal Code registered at police station Sarita Vihar, New Delhi against the petitioners and the proceedings emanating therefrom. 3.

The petitioner No.1 was married to complainant/ respondent No.2/wife on 15.04.2016 and there is no issue from this marriage. They have settled their disputes and have already obtained the divorce by mutual consent under The Hindu Marriage Act, 1955 on 19.05.2019 from the Family Court, Saket, New Delhi. The entire settlement amount of Rs.7.10 lacs has also been received by respondent No.2 towards her claim qua istridhan/dowry/maintenance, past, present and future in the manner as set out in sub paras (c) to (e) of para No.4 of this petition . Upon such payment, divorce etc., the respondent no.2 is not interested to pursue the FIR against the petitioners.

4.

The complainant/respondent No.2 is present also affirms to above and states the matter has been settled with the petitioners and she has no SHARMA

objection if the FIR is quashed against the petitioners. The learned ASC for the State has also no objection, if this petition is allowed. 5.

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 the settled amount from the petitioners. 6.

Accordingly, the petition is allowed. Consequently, FIR No.200/2018 under Section 406/498A/34 Indian Penal Code registered at police station Sarita Vihar, Delhi and the proceedings emanating therefrom are quashed. The pending application, if any, also stands disposed of. No order as to costs.

7.

The petition stands disposed of in above terms. YOGESH KHANNA, J.

AUGUST 25, 2020 AT SHARMA