Gaurav Gupta & Ors. vs State & Anr.
2019 Latest Caselaw 5759 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    Date of decision: November 19, 2019
+      W.P.(CRL) 3226/2019
       GAURAV GUPTA & ORS.                               ..... Petitioners
                         Through:     Ms. Swati Arora, Advocate with
                                      petitioners in person.
                         Versus
       STATE & ANR.                                  ..... Respondents
                         Through:     Mr. Piyush Aggarwal, Advocate
                                      for Mr.Ashish Aggarwal,
                                      Additional Public Prosecutor for
                                      respondent No.1/ State with SI
                                      Vipin Shoukeen.
                                      Mr. Saksham Bhyana, Advocate
                                      with respondent No.2 in person.
       CORAM:
       HON'BLE MR. JUSTICE BRIJESH SETHI

                         JUDGMENT

BRIJESH SETHI, J (oral)

Quashing of FIR No. 271/2017, under Sections 498-A/406/34 IPC, registered at police station Model Town, 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 Mediation Centre, Rohini District Courts, Delhi in terms of Settlement Agreement of 27th July, 2019 and decree of divorce has been already granted by the Family Court on 18th September, 2019.

Notice.

Mr. Piyush Aggarwal, Advocate, appearing on behalf of Mr.

Piyush Aggarwal, 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 through Mediation Centre, Rohini District 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.3,00,000/- by way of demand draft bearing No.801250, dated 15th October, 2019, drawn on Punjab National Bank, Branch Gujrawala Town, 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, 271/2017, under Sections 498-A/406/34 IPC, registered at police station Model Town, Delhi and the proceedings emanating therefrom, are hereby quashed qua petitioners.

This petition stands disposed of.

(BRIJESH SETHI) JUDGE NOVEMBER 19, 2019 r