Gaurav Gupta & Ors Vs State & Anr

Delhi High Court 19 Nov 2019 Criminal Writ Petition No. 3226 Of 2019 (2019) 11 DEL CK 0596
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Criminal Writ Petition No. 3226 Of 2019

Hon'ble Bench

Brijesh Sethi, J

Advocates

Swati Arora, Piyush Aggarwal, Ashish Aggarwal, Saksham Bhyana

Final Decision

Disposed Of

Acts Referred

Indian Penal Code, 1860 — Section 34, 406, 498A

Judgement Text

Translate:

Brijesh Sethi, J

Quashing of FIR No. 271/2017, under Sections 498-A/406/34 IPC, registered at police station Model Town, Delhi is sought by petitioners on the

ground that the matrimonial dispute between petitioner No.1-husband and respondent No.2-wife stands amicably settled before Mediation Centre,

Rohini District Courts, Delhi in terms of Settlement Agreement of 27th July, 2019 and decree of divorce has been already granted by the Family Court

on 18th September, 2019.

Notice.

Mr. Piyush Aggarwal, Advocate, appearing on behalf of Mr. Piyush Aggarwal, Additional Public Prosecutor for respondent No.1/State submits that

respondent No.2 is present in the Court and she has been duly identified to be complainant of FIR in question on the basis of identity proof furnished

by her.

Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved through Mediation Centre, Rohini

District 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.3,00,000/- by way of demand draft bearing No.801250, dated 15th October, 2019, drawn on Punjab National Bank, Branch Gujrawala

Town, Delhi from petitioners. Respondent No.2 submits that now, no grievance against petitioners survives and so, the FIR in question and

proceedings emanating therefrom be quashed.

Since the subject matter of the FIR in question is essentially matrimonial, which stands mutually and amicably resolved between the parties and decree

of divorce has been already granted by the Family Court, no useful purpose would be served in continuation of proceedings arising out of FIR in

question.

In view of the above, 271/2017, under Sections 498-A/406/34 IPC, registered at police station Model Town, Delhi and the proceedings emanating

therefrom, are hereby quashed qua petitioners.

This petition stands disposed of.

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