Pankaj & Ors. vs The State & Anr.
2019 Latest Caselaw 5248 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                       Date of decision: October 30, 2019
+      W.P.(CRL) 2969/2019
       PANKAJ & ORS                                         ..... Petitioners
                       Through:        Mr.Durgesh Gupta, Advocate with
                                       Petitioners No. 1 to 8 & 10 in
                                       person
                          versus
       THE STATE & ANR                                ..... Respondents
                     Through:          Mr.Anand Thumbayal, Advocate
                                       for Mr.Rahul Mehra, Standing
                                       Counsel with ASI Devender Singh,
                                       PS Aman Vihar
                                       Respondent No.2 in person
       CORAM:
       HON'BLE MR. JUSTICE BRIJESH SETHI
                          JUDGMENT

BRIJESH SETHI, J (oral)

1. Quashing of FIR No.1029/2016, under Sections 498A/406/34 IPC, registered at police station Aman Vihar, Delhi is sought on the ground that the dispute between the parties stands settled amicably. 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.Anand Thumbayal, 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. Learned counsel for the petitioner deletes petitioner No.9 from the array of petitioners as IO states that charge-sheet has not been filed under Section 498/406 IPC against her. The petitioners and respondent no.2 have submitted that they have settled their disputes vide compromise which has taken place before the court itself. The parties have already obtained divorce by mutual consent on 13th February, 2018. The total settlement amount was Rs.2,00,000/-, out of which Rs. 1,30,000/- has been already paid and a demand draft of Rs. 70,000/- has been handed over to respondent no.2 today in the court. Copy of the said demand draft has already 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 proceeding 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.1029/2016, under Sections 498A/406/34 IPC, registered at police station Aman Vihar, Delhi and the proceeding emanating therefrom are quashed qua petitioners.

7. The petition stands disposed of.

(BRIJESH SETHI) JUDGE OCROBER 30, 2019 v