Satyam Khanna & Anr. vs The State Nct Of Delhi & Anr.
2021 Latest Caselaw 577 Del

$~31
*IN THE HIGH COURT OF DELHI AT NEW DELHI


                              Date of decision: February 19, 2021

+      CRL.M.C. 538/2021 & Crl.M.A. 2695-96/2021

       SATYAM KHANNA & ANR.           ..... Petitioner
                  Through: Mr. Haneef Mohd., Advocate

                         Versus

       THE STATE NCT OF DELHI & ANR. ..... Respondents
                     Through: Mr. Izhar Ahmed, Additional
                              Public Prosecutor for
                              respondent No.1/State with
                              Inspector Jagdeep Malik &
                              Inspector C P Singh
                              Respondent No.2 in person

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                      JUDGMENT (ORAL)

% 19.02.2021

The hearing has been conducted through video conferencing.

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

No.274/2016, under Sections 498A/406/34 IPC, registered at police

station Geeta Colony, Delhi and the proceedings emanating

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 in question by the Investigating Officers of this

case, who are 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 14.10.2015 and due to temporal differences, the

marriage could not work and they started living separately since

14.12.2016. 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 of 09.12.2019 arrived at Delhi High Court Mediation

and Conciliation Centre. It is stated that joint petition under Section

13 (1) (ia) and Section 13 B(2) under the Hindu Marriage Act, 1955

has been allowed by the learned Principal Judge, Family Court,

Saket Courts, New Delhi and decree of divorce has been granted on

16.12.2020.

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

Settlement-Agreement dated 09.12.2019 have been acted upon and

the balance amount of Rs.4,55,000/- has been paid to respondent

No.2/complainant. Respondent No.2, present through video

conferencing, affirms factum of receipt of balance amount and

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

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.274/2016, under Sections

498A/406/34 IPC, registered at police station Geeta Colony, Delhi

and consequent proceedings emanating therefrom are hereby

quashed.

10. The petition is accordingly allowed and disposed of. Pending

applications also stand disposed of.

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

(SURESH KUMAR KAIT) JUDGE FEBRUARY 19, 2021 r