Kunal Aggarwal & Ors vs The State Nct Of Delhi & Anr
2020 Latest Caselaw 351 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                           Date of decision: January 20, 2020
+      W.P.(CRL) 68/2020

       KUNAL AGGARWAL & ORS                               ..... Petitioners

                          Through      Ms. Bharti Gupta, Advocate

                          versus

       THE STATE NCT OF DELHI & ANR                 ..... Respondents

                          Through      Mr. G.M. Farooqui, APP for the
                                       State with ASI Prem Singh, P.S.:
                                       Janak Puri

                                       Mr. Abhay Singh and Mr. Nandal
                                       Mishra, Advocates for
                                       Complainant/Respondent no.2

CORAM:

       HON'BLE MR. JUSTICE BRIJESH SETHI

                          JUDGMENT

BRIJESH SETHI, J (oral)

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 305/2019, under sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Janak Puri and the proceedings emanating therefrom.

The petitioners and respondent no.2 have submitted that they have settled their disputes vide Memorandum of Understanding/Settlement

Deed dated 24.07.2018. The parties have already obtained divorce by mutual consent on 13.09.2018. The settlement amount was Rs. 3,00,000/- Out of which Rs. 1,50,000/- has been paid to respondent no.2 at the time of second motion and the remaining settlement amount of Rs. 1,50,000/- has also been paid in cash to respondent no.2.

Respondent no.2, who is present in Court, has reiterated the aforesaid facts and submitted that she has amicably settled the dispute. Respondent no.2 further submitted that she has no objection to the FIR being quashed and the petition being allowed.

The Investigating Officer, who is present in Court, has identified the petitioners as well as respondent no.2.

In view of the above settlement arrived at between the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No. 305/2019, under sections 498A/406/34 of the IPC, registered at P.S.: Janak Puri and the proceedings emanating therefrom are quashed.

Petition is disposed of accordingly.

(BRIJESH SETHI) JUDGE JANUARY 20, 2020 savita