High Court of DelhiW.P.(CRL)/2835/2019

Dushyant Kumar Sharma & ORS v. The State & ANR

2019-10-09Hon'Ble Mr. Justice Brijesh Sethi3 pages

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2835/2019 DUSHYANT KUMAR SHARMA & ORS.

..... Petitioners Through:

Mr. Rajinder Singh Bhatt, Advocate with petitioners in person

Versus

THE STATE & ANR.

..... Respondents Through:

Ms. Kamna Vohra, Additional Public Prosecutor for respondent No.1-State Ms. Kusum Lata Nanda, Advocate with respondent No.2/complainant in person

CORAM:

HON'BLE MR. JUSTICE BRIJESH SETHI

O R D E R

% 09.10.2019 Crl.M.A. 37575/2019 Delay of 60 days in re-filing the accompanying petition is condoned for the reasons stated in the application. The application is disposed of.

Crl.M.A. 37574/2019 Allowed subject to all just exceptions.

W.P.(CRL) 2835/2019 & Crl.M.A. 37573/2019

Quashing of FIR No. 431/2016, under Sections 498-A/406/34 IPC, registered at police station Nangloi, Delhi is sought on the ground that the matrimonial dispute between the parties stands amicably settled through Family Court (West), Delhi on 7th February, 2019 and that the decree of divorce has been granted by the Family Court at Tis Hazari Courts, Delhi on 15th April, 2019.

Notice.

Ms. Kamna Vohra, learned Additional Public Prosecutor for the 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 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 Family Court at Tis Hazari Courts, Delhi and terms of settlement reached between the parties have been fully acted upon as today, she has received the balance settled amount of Rs.2,00,000/- by way of demand draft bearing No. 270385, dated 5th October, 2019, drawn on State Bank of India, Branch Burari, Delhi and that divorce by mutual consent has been already granted by the Family Court on 15th April, 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 stands amicably resolved between the parties, this petition is allowed and FIR No. 431/2016, under Sections 498-A/406/34 IPC, registered at police station Nangloi, Delhi and the proceedings emanating therefrom are quashed qua petitioners.

This petition and application stand disposed of. BRIJESH SETHI, J OCTOBER 09, 2019 r