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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 03.02.2021
+ CRL.M.C. 308/2021 & Crl.M.A. 1576/2021
PARAS MANI THAPLIYAL & ORS. ..... Petitioners
Through: Mr. C.P. Nautiyal, Advocate
with Mr.Baburam, Advocate
with petitioners
Versus
GOVT. OF N.C.T. DELHI & ANR. & ORS. .... Respondents
Through: Mr. Izhar Ahmed, Additional
Public Prosecutor for
respondent No.1/State with SI
Yaad Ram & SI Rajni
Mr. Saurabh Mehra, Ms.
Vijeta Singh & Mr. Sunny
Yadav, Advocates with
respondent No.2
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT (ORAL)
The hearing has been conducted through video conferencing.
1. Vide the present petition, petitioners are seeking quashing of FIR No.141/2019, under Sections 498A/406/34 IPC, registered at police station Moti Nagar, New Delhi and all other proceedings arising therefrom.
Crl.M.C. 308/2021 Page 1 of 3
2. Notice issued.
3. Mr. Izhar Ahmed, learned Additional Public Prosecutor for State accepts notice and submits that respondent No.2 is present through video conference and she has been identified as the complainant of FIR in question by the Investigating Officer of this case, who is also present through video conferencing.
4. With the consent of the parties, the present petition is taken up for final hearing.
5. The marriage between petitioner No.1 and respondent No.2 was solemnized on 24.06.2012 and due to temporal differences, the marriage could not work and they started living separately since August, 2017. The dispute between the parties culminated into the FIR in question.
6. The present petition has been filed on the ground that the parties have amicably settled their dispute in terms of Settlement- Agreement dated 17.08.2019 reached through Counselling Cell, Tis Hazari Courts, Delhi. It is stated that the terms of the settlement have already been complied and in terms thereof, balance amount of Rs.05 lacs has been paid to respondent No.2/complainant on Crl.M.C. 308/2021 Page 2 of 3 02.02.2021.
7. Respondent No.2 present through video conferencing has affirmed factum of having received the entire settlement amount and she submits she has no objection to the quashing of FIR in question.
8. Keeping in view that the matrimonial dispute between the parties has been amicably resolved, this Court is inclined to quash the FIR in question, as no useful purpose would be served in continuing with the proceedings arising out of the present FIR.
9. For the reasons afore noted, FIR No.141/2019, under Sections 498A/406/34 IPC, registered at police station Moti Nagar, New Delhi and consequent proceedings emanating therefrom are quashed.
10. The petition is accordingly allowed and disposed of.
11. Pending application also stand disposed of.
12. The order be uploaded on the website of this Court forthwith.
(SURESH KUMAR KAIT) JUDGE FEBRUARY 03, 2021 r Crl.M.C. 308/2021 Page 3 of 3