Harpreet Singh Gujral & Ors. vs The State (Govt. Of Nct Of Delhi) & ...
2019 Latest Caselaw 5699 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    Date of decision: November 18, 2019
+      W.P.(CRL) 3211/2019 & Crl.M.A. 4050/2019

       HARPREET SINGH GUJRAL & ORS.          ..... Petitioners
                    Through: Mr. Anuj Aggarwal, Advocate

                         Versus

       THE STATE (GOVT. OF NCT OF DELHI) & ANR. .Respondents
                     Through: Mr. G.M.Farooqui, Additional
                               Public Prosecutor for respondent
                               No.1/State with ASI Santosh
                               Kumar
                               Respondent No.2 in person
       CORAM:
       HON'BLE MR. JUSTICE BRIJESH SETHI

                         JUDGMENT

BRIJESH SETHI, J (oral)

Quashing of FIR No. 248/2018, under Sections 498-A/406/34 IPC, registered at police station Begum Pur, 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 between the parties and that decree of divorce has been already granted by the Family Court on 23rd April, 2019.

Notice.

Mr. G.M.Farooqui, 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 and terms of settlement reached between the parties have been fully acted upon as today, she has received the balance settled amount of Rs.2,00,000/- by way of demand draft bearing No.512192, dated 18th November, 2019, drawn on ICICI Nank, Branch Lajpat Nagar, 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. 248/2018, under Sections 498- A/406/34 IPC, registered at police station Begum Pur, Delhi and the proceedings emanating therefrom, are hereby quashed qua petitioners.

This petition and application stand disposed of.

(BRIJESH SETHI) JUDGE NOVEMBER 18, 2019 r