Manav Khurana & Ors. vs The State (Nct Of Delhi) & Anr.
2019 Latest Caselaw 5393 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Date of decision: November 05, 2019

+      W.P.(CRL) 2241/2019

       MANAV KHURANA & ORS.                   ..... Petitioners
                  Through: Mr. R.S.Goswami, Mr. Sahil
                            Munjal & Mr. Prateek Goswami,
                            Advocates with petitioners No. 2
                            & 3 in person.

                         Versus

       THE STATE (NCT OF DELHI) & ANR.        ..... Respondents
                     Through: Ms. Nandita Rao, Additional
                               Public Prosecutor for State with
                               WSI Jyoti
                               Mr. Mahavir Sharma &
                               Mr. Kanwarpreet Singh, Advocates
                               with respondent No.2 in person.
       CORAM:
       HON'BLE MR. JUSTICE BRIJESH SETHI

                         JUDGMENT

BRIJESH SETHI, J (oral)

Quashing of FIR No. 281/2018, under Sections 498-A/406/377/ 354/34 IPC, registered at police station Model Town, Delhi is sought on the ground that the matrimonial dispute between the parties stands amicably settled and that the decree of divorce has been granted by the Family Court, Rohini (North), Delhi on 6th August, 2019.

Learned counsel for petitioners submits that petitioners No.2 & 3

are present in the Court. However, petitioner No.1 is settled in Canada and he is represented through his Attorney/petitioner No.2, who is his father.

Notice.

Ms. Nandita Rao, learned Additional Public Prosecutor for the respondent/State accepts notice and submits that status report dated 31st October, 2019 verifying factum of settlement and grant of decree of divorce, has been placed on record. Learned Additional Public Prosecutor for State submits that petitioners No.2 & 3 as well as respondent No.2/ complainant of this FIR, are present in the Court and they have been duly identified by WSI Jyoti, Investigating Officer of this case.

Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved through Family Court at Rohini 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.20,00,000/- by way of demand draft bearing No. 035860, dated 2nd November, 2019, drawn on State Bank of India, New Delhi from petitioners and that divorce by mutual consent has been already granted by the Family Court on 6th August, 2019. Respondent No.2 submits that now no dispute with petitioners survives and so, 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. 281/2018, under Sections 498-A/406/377/354/34 IPC, registered at police station Model Town,

Delhi and the proceedings emanating therefrom are quashed qua petitioners.

This petition stands disposed of.

Dasti.

(BRIJESH SETHI) JUDGE NOVEMBER 05, 2019 r