Delhi High Court
Akshat Aggarwal & Ors. vs State & Anr. on 27 April, 2021
$~1
*IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 27.04.2021
+ CRL.M.C. 1032/2021 & CRL.M.A. 5246/2021
AKSHAT AGGARWAL & ORS. ..... Petitioners
Through: Mr. Raj Vardhan Verma,
Advocate
Versus
STATE & ANR. ..... Respondents
Through: Mr. Izhar Ahmed, Additional
Public Prosecutor for
respondent No.1/ State with
SI Kamlesh
Respondent No. 2/
complainant in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT (ORAL)
%
The hearing has been conducted through video conferencing.
1. Vide present petition, petitioners are seeking quashing of FIR
No. 94/2018, under Sections 498A/406/34 IPC, registered at police
station Hauz Khas, New Delhi and all other proceedings arising
therefrom.
2. Notice issued.
3. Mr. Izhar Ahmed, learned Additional Public Prosecutor for
State accepts notice and submits that respondent No.2 is present
through video conferencing and she has been identified as the
complainant of FIR by the Investigating Officer of this case, who is
also present through video conferencing.
4. With the consent of the parties, the present petition is taken
up for final hearing.
5. The marriage between petitioner No.1 and respondent No.2
was solemnized on 14.07.2013 and due to temporal differences, the
marriage could not work and they started living separately after
01.10.2016. The dispute between the parties culminated into the FIR
in question.
6. The present petition has been filed on the ground that with the
intervention of common friends and relatives, the parties have
amicably settled their dispute in terms of Memorandum of
Understanding dated 09.01.2020. It is stated that joint petitions
under Section 13 B (1) and Section 13 B(2) under the Hindu
Marriage Act, 1955 have been allowed by the learned Principal
Judge, Family Court, Saket Courts, New Delhi and decree of
divorce has been granted on 04.03.2020.
7. Respondent No.2, who is the complainant of FIR in question,
and is present through video conferencing, affirms the factum of
amicable settlement with petitioners in terms of Memorandum of
Understanding dated 09.01.2020 as well as grant of decree of
divorce dated 04.03.2020 by the learned Principal Judge, Family
Court, Saket Courts, New Delhi. She affirms the content of her
affidavit dated 08.02.2021 filed in support of this petition.
8. Keeping in view that the dispute between the parties has been
amicably resolved, this Court is inclined to quash the FIR in
question, as no useful purpose would be served in continuing with
the proceedings arising out of the present FIR.
9. For the reasons afore noted, FIR No. 94/2018, under Sections
498A/406/34 IPC, registered at police station Hauz Khas, New
Delhi and consequent proceedings emanating therefrom are
quashed.
10. The petition is accordingly allowed and disposed of.
11. Pending application is disposed of as infructuous.
(SURESH KUMAR KAIT)
JUDGE
APRIL 27, 2021/r
