Vineet @ Vineeth Thomas & Ors vs State (Govt. Of Nct Delhi) & Anr
2020 Latest Caselaw 1326 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                     Date of decision: February 27, 2020

+      W.P.(CRL) 569/2020 & Crl.M.A. 4319/2020
       VINEET @ VINEETH THOMAS & ORS. ..... Petitioners
                    Through: Mr. Deepak Kumar Kandpal,
                             Advocate

                          Versus

       STATE (GOVT. OF NCT DELHI) & ANR. ..... Respondents
                     Through: Mr. Rajesh Mahajan, Additional
                              Standing Counsel with Ms.Jyoti
                              Babbar, Advocate for respondent
                              No.1/State
                              Mr. G.B.Sewak, Advocate for
                              respondent No.2

       CORAM:
       HON'BLE MR. JUSTICE BRIJESH SETHI

                          JUDGMENT

BRIJESH SETHI, J (oral)

Quashing of FIR No. 120/2019, under Sections 498A/406/ IPC, registered at police station G.T.B.Enclave, Delhi is sought in this petition on the ground that the matrimonial dispute inter se parties stands resolved in terms of mediated Settlement of 24th October, 2019 reached before Delhi Mediation Centre, Karkardooma Courts, New Delhi and that decree of divorce has already been granted by the Family Court, Karkardooma

Courts, Delhi on 25th January, 2020.

Learned counsel for petitioners submits that petitioner No.1/husband and petitioner No.2/father-in-law are present in the Court, however, petitioner No.3/mother-in-law is unable to come to court today due to her medical condition, as she is suffering from cancer.

Notice.

Mr. Rajesh Mahajan, Addl. Standing Counsel for respondent No.1/State, accepts notice and submits that petitioners as well as respondent No.2/ complainant of this FIR, are present in the Court and they have been duly identified by the Investigating Officer of this case. Learned Additional Standing Counsel further submits that factum of petitioner No.3/ mother-in-law suffering from cancer stands verified.

Mr. G.B.Sewak, Advocate, accepts notice on behalf of respondent No.2.

Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved in terms of mediated Settlement of 24th October, 2019 and in terms thereof, she has today received demand draft bearing No.255351, dated 24th February, 2020, amounting to Rs.1,50,000/-, drawn on Bank of Baroda, Branch Daryaganj, Delhi from petitioners and that decree of divorce has already been granted by the Family Court, Karkardooma Courts, Delhi on on 25th January, 2020. Respondent No.2 submits that now no grievance against petitioners survives and, therefore, the proceedings arising out of the FIR in question be brought to an end.

Since the matrimonial dispute stands amicably resolved between the parties, this petition is allowed and FIR No. 120/2019, under Sections

498A/406/ IPC, registered at police station G.T.B.Enclave, Delhi and the proceedings emanating therefrom are quashed qua petitioners.

This petition alongwith pending application stand disposed of accordingly.

(BRIJESH SETHI) JUDGE FEBRUARY 27, 2020 r