High CourtsSingle Bench(2020) 02 DEL CK 0350

Vineet @ Vineeth Thomas & Ors vs State (Govt. Of Nct Delhi) & Anr

Delhi High Court · Decided on 27 February 2020

HON’BLE JUDGES
Brijesh Sethi, J
RESULT
Disposed Of
CASE NUMBER
Criminal Writ Petition No. 569 Of 2020, Criminal Miscellaneous Application No. 4319 Of 2020

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Judgment

20 paragraphs · 328 words

Brijesh Sethi, J

Quashing of FIR No. 120/2019, under Sections 498A/406/ IPC, registered at police station G.T.B.Enclave, Delhi is sought in this petition on the ground

that the matrimonial dispute inter se parties stands resolved in terms of mediated Settlement of 24th October, 2019 reached before Delhi Mediation

Centre, Karkardooma Courts, New Delhi and that decree of divorce has already been granted by the Family Court, Karkardooma Courts, Delhi on

25th January, 2020.

Learned counsel for petitioners submits that petitioner No.1/husband and petitioner No.2/father-in-law are present in the Court, however, petitioner

No.3/mother-in-law is unable to come to court today due to her medical condition, as she is suffering from cancer.

Notice.

Mr. Rajesh Mahajan, Addl. Standing Counsel for respondent No.1/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. Learned Additional

Standing Counsel further submits that factum of petitioner No.3/ mother-in-law suffering from cancer stands verified.

Mr. G.B.Sewak, Advocate, accepts notice on behalf of respondent No.2.

Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved in terms of mediated Settlement of

24th October, 2019 and in terms thereof, she has today received demand draft bearing No.255351, dated 24th February, 2020, amounting to

Rs.1,50,000/-, drawn on Bank of Baroda, Branch Daryaganj, Delhi from petitioners and that decree of divorce has already been granted by the Family

Court, Karkardooma Courts, Delhi on on 25th January, 2020. Respondent No.2 submits that now no grievance against petitioners survives and,

therefore, the proceedings arising out of the FIR in question be brought to an end.

Since the matrimonial dispute stands amicably resolved between the parties, this petition is allowed and FIR No. 120/2019, under Sections 498A/406/

IPC, registered at police station G.T.B.Enclave, Delhi and the proceedings emanating therefrom are quashed qua petitioners.

This petition alongwith pending application stand disposed of accordingly.