Anil Goyal & Ors. vs State & Anr.
2019 Latest Caselaw 5251 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      Date of decision: October 30, 2019

+     W.P.(CRL) 264/2019 & CRL.M.A. 1809/2019
      ANIL GOYAL & ORS.                         ..... Petitioners
                      Through: Ms.Chandrani Prasad and Mr.Anuj
                               Jain, Advocates

                         versus

      STATE & ANR.                                   ..... Respondents
                         Through:     Mr.Amanpreet Singh, Advocate
                                      for Mr.Rahul Mehra, Standing
                                      Counsel for State with W/SI Usha
                                      Rani, Binda Pur
                                      Mr.Diwakar Bhardwaj, Advocate
                                      for respondent No.2 in person
      CORAM:
      HON'BLE MR. JUSTICE BRIJESH SETHI
                         JUDGMENT

BRIJESH SETHI, J (oral)

1. Quashing of FIR No. 0368/2018, under Sections 498A/34 IPC, registered at police station Binda Pur, Delhi is sought on the ground that the dispute between the parties stands amicably settled. 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.Amanpreet Singh, learned counsel for the respondent/State

accepts notice and submit 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. The petitioners and respondent no.2 have submitted that they have settled their disputes vide Memorandum of Understanding 3rd January, 2019. The parties have already obtained divorce by mutual consent on 18th April, 2019. The total settlement amount was Rs. 29,00,000/-. Apart from total settlement amount, a further amount of Rs. 3,50,000/- has been paid by way of demand draft as per amended settlement. The said demand draft has been handed over to respondent no.2 today in the court.

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 proceedings 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. 0368/2018, under Sections 498A/34 IPC, registered at police station Binda Pur, Delhi and the proceeding emanating therefrom are quashed qua petitioners.

7. The petition stands disposed of. The other pending application also stands disposed of.

(BRIJESH SETHI) JUDGE OCROBER 30, 2019 v