Gulshan Kumar & Ors. vs The State & Anr.
2021 Latest Caselaw 563 Del

$~1
*IN THE HIGH COURT OF DELHI AT NEW DELHI
                               Date of decision: February 18, 2021
+      CRL.M.C. 1454/2020 & Crl.M.A. 2047/2021 & Crl.M.A.
       5663/2020

       GULSHAN KUMAR & ORS.                 ..... Petitioners
                     Through: Ms. Jyoti Srivastava &
                              Mr. Pradeep Kataria,
                              Advocates with petitioners in
                              person
                     Versus
       THE STATE & ANR.                 ..... Respondents
                     Through: Mr. Panna Lal Sharma,
                              Additional Public Prosecutor
                              for respondent No.1/State
                              with Inspector Sangeeta
                              Tiwari
                              Respondent No.2 in person
       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                        JUDGMENT (ORAL)

%

1. Vide this petition, petitioners are seeking quashing of FIR

No.216/2016, under Sections 498A/406/506/34 IPC, registered at

police station Pandav Nagar, Delhi.

2. Notice issued.

3. Mr. Panna Lal Sharma, learned Additional Public Prosecutor

for State accepts notice and submits that respondent No.2 is present

in this Court and she has been identified as the complainant of FIR

in question by the Investigating Officer of this case, who is also

present in the Court.

4. With the consent of the parties, the present petition is taken

up for final hearing.

5. The marriage between petitioner No.1/husband and

respondent No.2/wife was solemnized on 24.05.2015 and due to

temperamental differences, the marriage could not work and they

started living separately since 15.11.2015. The matrimonial dispute

between the parties culminated into the FIR in question.

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

matrimonial dispute between petitioner No.1/husband and

respondent No.2/wife has been amicably resolved through Delhi

Mediation Centre and terms of settlement are recorded in the order

dated 19.01.2019. It is stated that joint petition under Section 13

B(2) under the Hindu Marriage Act, 1955 has been allowed by the

learned Principal Judge, Family Court, Karkardooma Courts, Delhi

and decree of divorce has been granted on 29.01.2020.

7. Learned counsel for the petitioners submits that the terms of

settlement have been acted upon and the balance amount of

Rs.8,00,000/- by way of demand draft bearing No. '040614' dated

16.02.2021 has been handed over to respondent No.2 today in the

Court, who has accepted the same.

8. Respondent No.2, who is the complainant of FIR in question,

affirms that the terms of settlement have been fully acted upon and

states that she has 'no objection' to the quashing of FIR in question.

9. 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.

10. For the reasons afore noted, FIR No.216/2016, under Sections

498A/406/506/34 IPC, registered at police station Pandav Nagar,

Delhi and consequent proceedings emanating there-from against the

petitioners, are hereby quashed.

11. The petition and pending application are accordingly disposed

of.

(SURESH KUMAR KAIT) JUDGE FEBRUARY 18, 2021 r