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High Court of DelhiW.P.(CRL)/2269/2019

Satish & ORS. v. State & ANR.

2019-10-21Hon'Ble Mr. Justice Brijesh Sethi2 pages

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: October 21, 2019 + W.P.(CRL) 2269/2019 & Crl.M.A. 33541/2019 SATISH & ORS.

..... Petitioners Through Mr. Vijay Kinger, Ms. Shivani, Advocates alongwith petitioners in person versus STATE & ANR.

..... Respondents Through Mr. G.M. Farooqui, APP for Mr.

R.S. Kundu, ASC with SI Rajeshwar, P.S.:Seema Puri and SI Parmod Kumar,P.S.: Shahdara Respondent no.2 in person

CORAM:

HON'BLE MR. JUSTICE BRIJESH SETHI

JUDGMENT

BRIJESH SETHI, J (oral) 1.

Quashing of FIR No. 328/2016, under Sections 498A/406/34 IPC, registered at police station Shahdara, Delhi is sought on the ground that the dispute between the parties stands amicably settled. Respondent no.2 is present in the court today and submits that he has settled the dispute with the petitioners without any undue influence, coercion or pressure from any source whatsoever.

2.

Notice.

3.

Mr. G.M. Farooqui, learned APP for the respondent/State accepts notice and submits that petitioners as well as respondent No.2/ W.P.(Crl.) 2269/2019

complainant of this FIR, who are present in the Court have been duly identified by the Investigating Officer of this case. 4.

The petitioners and respondent no.2 have submitted that they have settled their disputes vide settlement/compromised deed on 12.10.2018. The parties have already obtained divorce by mutual consent on 10.05.2019. The settlement amount was Rs. 2,75,000/-, out of which Rs. 50,000/- has been paid to respondent no.2 at the time of withdrawal of complainant case of D.V. Act, Rs. 50,000/- has been paid to respondent no.2 at the time of first motion and Rs. 50,000/- has further been paid to respondent no.2 at the time of second motion and Rs. 1,25,000/- has been paid in cash to respondent no.2 today in the court. 5.

Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved. Respondent No.2 further submits that now no dispute with petitioners survives and therefore, the proceedings arising out of the FIR in question be brought to an end. 6.

Since the dispute stands amicably resolved between the parties, the petition is allowed and FIR No. 328/2016, under Sections 498A/406/34 IPC, registered at police station Shahdara, Delhi and the proceedings emanating therefrom are quashed qua petitioners. 7.

The petition stands disposed of. The other pending application also stands disposed of.

(BRIJESH SETHI) JUDGE OCROBER 21, 2019/savita W.P.(Crl.) 2269/2019