Deepak Saini & Ors. vs State & Anr.
2019 Latest Caselaw 5345 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Date of decision: November 01, 2019

+      W.P.(CRL) 3041/2019
       DEEPAK SAINI & ORS.                            ..... Petitioners
                       Through:      Mr.Chirag Madan, Ms.Ravleen
                                     Sabharwal and Mr.G.Sai Krishna
                                     Kumar, Advocates

                        versus

       STATE & ANR.                               ..... Respondents
                        Through:     Mr.Ranbir Singh Kundu,ASC
                                     (Crl.) with Mr.Shivam Sahoran,
                                     Advocate with ASI Ram Niwas
                                     and SI Anupam, PS Sunlight
                                     Colony Mr.Phool Singh, Advocate
                                     for respondent No. 2 in person

       CORAM:
       HON'BLE MR. JUSTICE BRIJESH SETHI
                        JUDGMENT

BRIJESH SETHI, J (oral)

1. Quashing of FIR No. 0015/2017, under Sections 498A/406/34 IPC, registered at police station Sunlight Colony, Delhi is sought on the ground that the dispute between the parties stands amicably settled. Respondent no.2 is present in the court today and submits that she has settled the dispute with the petitioners without any undue influence, coercion or pressure from any source whatsoever.

2. Notice.

3. Mr.Shivam Sahoran, learned counsel for the respondent/State accepts notice and submits that the petitioners as well as respondent No.2/ complainant of this FIR, who are present in the Court have been duly identified by the Investigating Officer of this case.

4. The petitioners and respondent no.2 have submitted that they have settled their disputes vide Settlement Deed dated 28th November, 2018. The parties have already obtained divorce by mutual consent on 20 th July, 2019. The settlement amount was Rs. 6,00,000/-, out of which Rs. 2,00,000/- has been paid to respondent no.2 at the time of first motion and Rs. 2,00,000/- has further been paid to respondent no.2 at the time of second motion and a demand draft of Rs. 2,00,000/- has been handed over to respondent no.2 today in the court. Copy of the said demand draft has been placed on record.

5. Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved. Respondent No.2 further submits that now no dispute with petitioners survive and therefore, the proceedings arising out of the FIR in question be brought to an end.

6. Since the dispute stands amicably resolved between the parties, the petition is allowed and FIR No. 0015/2017, under Sections 498A/406/34 IPC, registered at police station Sunlight Colony, Delhi and the proceeding emanating therefrom are quashed qua petitioners.

7. The petition stands disposed of.

(BRIJESH SETHI) JUDGE NOVEMBER 01, 2019/v