Paras Mani Thapliyal & Ors. vs Govt. Of N.C.T. Delhi & Anr. & Ors.
2021 Latest Caselaw 370 Del

$~19
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                       Date of decision: 03.02.2021

+      CRL.M.C. 308/2021 & Crl.M.A. 1576/2021

       PARAS MANI THAPLIYAL & ORS.        ..... Petitioners
                    Through: Mr. C.P. Nautiyal, Advocate
                             with Mr.Baburam, Advocate
                             with petitioners

                          Versus

       GOVT. OF N.C.T. DELHI & ANR. & ORS. .... Respondents
                       Through: Mr. Izhar Ahmed, Additional
                                Public Prosecutor for
                                respondent No.1/State with SI
                                Yaad Ram & SI Rajni
                                Mr. Saurabh Mehra, Ms.
                                Vijeta Singh & Mr. Sunny
                                Yadav, Advocates with
                                respondent No.2

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                       JUDGMENT (ORAL)

The hearing has been conducted through video conferencing.

1. Vide the present petition, petitioners are seeking quashing of

FIR No.141/2019, under Sections 498A/406/34 IPC, registered at

police station Moti Nagar, 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 conference and she has been identified as the

complainant of FIR in question 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 24.06.2012 and due to temporal differences, the

marriage could not work and they started living separately since

August, 2017. The dispute between the parties culminated into the

FIR in question.

6. The present petition has been filed on the ground that the

parties have amicably settled their dispute in terms of Settlement-

Agreement dated 17.08.2019 reached through Counselling Cell, Tis

Hazari Courts, Delhi. It is stated that the terms of the settlement

have already been complied and in terms thereof, balance amount of

Rs.05 lacs has been paid to respondent No.2/complainant on

02.02.2021.

7. Respondent No.2 present through video conferencing has

affirmed factum of having received the entire settlement amount and

she submits she has no objection to the quashing of FIR in question.

8. Keeping in view that the matrimonial 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.141/2019, under Sections

498A/406/34 IPC, registered at police station Moti Nagar, New

Delhi and consequent proceedings emanating therefrom are

quashed.

10. The petition is accordingly allowed and disposed of.

11. Pending application also stand disposed of.

12. The order be uploaded on the website of this Court forthwith.

(SURESH KUMAR KAIT) JUDGE FEBRUARY 03, 2021 r