Ram Singh & Ors. vs State & Anr.
2019 Latest Caselaw 5659 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                     Date of decision: November 15, 2019
+      W.P.(CRL) 3179/2019 & Crl.M.A. 40226/2019
       RAM SINGH & ORS.                                    ..... Petitioners
                    Through:           Mr. Yogesh Kumar & Mr. Harkesh
                                       Parashar, Advocates with
                                       petitioners in person
                          Versus
       STATE & ANR.                                     ..... Respondents
                          Through:     Mr. Sanjay Lao, Additional
                                       Standing Counsel for Mr.Ashish
                                       Aggarwal, Additional Standing
                                       Counsel for respondent No.1/State
                                       with Inspector Naresh
                                       Mr. Muddassar Khan, Advocate
                                       with respondent No.2 in person
       CORAM:
       HON'BLE MR. JUSTICE BRIJESH SETHI
                    JUDGMENT

BRIJESH SETHI, J (oral)

Quashing of FIR No. 278/2016, under Sections 498-A/406/34 IPC, registered at police station Maurya Enclave, 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 Counseling Cell, Rohini Courts, New Delhi in terms of Settlement of 29 th August, 2018 and decree of divorce has been already granted by the Family Court on 25th January, 2019.

Notice.

Mr. Sanjay Lao, Additional Standing Counsel 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 Counselling Cell, 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.1,40,000/- by way of demand draft bearing No.008196, dated 8th November, 2019, drawn on Axis Bank, New 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, FIR No. 278/2016, under Sections 498- A/406/34 IPC, registered at police station Maurya Enclave, Delhi and the proceedings emanating therefrom, are hereby quashed qua petitioners. This petition stand disposed of. Pending application is disposed of as infructuous.

(BRIJESH SETHI) JUDGE NOVEMBER 15, 2019/r