High CourtsSingle Bench

Aalok Gupta & Ors vs State & Anr

Delhi High Court · Decided on 18 February 2020 · Citation: (2020) 02 DEL CK 0516

HON’BLE JUDGES
Brijesh Sethi, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 406, 498A · Code of Criminal Procedure, 1973 — Section 482
RESULT
Disposed Of
CASE NUMBER
Criminal Writ Petition No. 346 Of 2020, Criminal Miscellaneous Application No. 2573 Of 2020
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Judgment

14 paragraphs · 275 words

Brijesh Sethi, J

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 0071/2019, under

Sections 498A/406/34 of the Indian Penal Code, 1860, registered at P.S.: Model Town and the proceedings emanating therefrom.

The Investigating Officer, who is present in Court, has identified the petitioners as well as respondent no.2.

The petitioners and respondent no.2 have submitted that they have settled their disputes on 8th April, 2019 before Delhi Mediation Centre, Tis Hazari

Courts, Delhi. As per the affidavit filed by respondent no.2, the parties have already obtained divorce by mutual consent on 18th November, 2019,

subject to receipt of payment of balance sum of Rs. 5,00,000/- at the time of quashing of present FIR. In view of the above facts, a demand draft of

Rs. 5,00,000/- has been handed over to respondent no.2 today in the court. Copy of the said demand draft has been placed on record.

Respondent no.2 reiterates the aforesaid facts and submits that they have amicably settled their dispute without any pressure or coercion from any

source whatsoever. Respondent no.2 has further submitted that she has no objection if the FIR is quashed and the petition is allowed.

In view of the above settlement arrived at between the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties

entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No. 0071/2019, under Sections 498A/406/34 of the IPC, registered at

P.S.: Model Town and the proceedings emanating therefrom are quashed.

The petition along with pending application is disposed of accordingly.