Amitabh Patel & ORS v. The State (NCT Of Delhi) & ANR

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2573/2019 & Crl.M.A. 35731/2019 AMITABH PATEL & ORS.

..... Petitioners Through:

Mr. R.S.Goswami, Advocate

Versus

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

Mr. R.S.Kundu, Additional Public Prosecutor for respondent No.1/ State with SI Deepak Kumar Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE BRIJESH SETHI

O R D E R

% 13.09.2019 Quashing of FIR No. 51/2019, under Sections 498-A/406/34 IPC, registered at police station Civil Lines, Delhi is sought on the ground that the matrimonial dispute stands amicably settled through Delhi Mediation Centre, Tis Hazari Courts, Delhi on 29th May, 2019 and that decree of divorce has been granted by the Family Court at Rohini Courts, Delhi on 22nd August, 2019.

Learned counsel for petitioners submits that petitioners No.1/husband and petitioner No.3/mother-in-law are present in the Court, however, petitioner No.2/ father-in-law is unable to move being paralytic and is therefore unable to come to the Court. Learned counsel for petitioner has placed on record a copy of medical documents in support of his submissions, which are taken on record.

W.P.(Crl.) 2573/2019

Notice.

Mr. R.S.Kundu, learned Additional Public Prosecutor for respondent-State accepts notice and submits that petitioners No.1 & 3 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 through Delhi Mediation Centre, Tis Hazari Courts, Delhi on 29th May, 2019 and terms thereof have been fully acted upon as today, she has received the balance settled amount of Rs.5,00,000/- by way of demand draft bearing No. 326708, dated 12th September, 2019, drawn on Bank of Maharashtra, Branch Pushpanjali Enclave, New Delhi and that divorce by mutual consent has been already granted by the Family Court on 22nd August, 2019. Respondent No.2 submits that now no dispute with petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end.

Since the matrimonial dispute between the parties stand amicably resolved between the parties, this petition is allowed and FIR No. 51/2019, under Sections 498-A/406/34 IPC, registered at police station Civil Lines, Delhi and the proceedings emanating therefrom are quashed qua petitioners.

BRIJESH SETHI, J SEPTEMBER 13, 2019 r W.P.(Crl.) 2573/2019