Puneet Chohan And & Ors. vs State Of Nct Of Delhi And Anr
2021 Latest Caselaw 120 Del

$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                Date of decision: January 12, 2021
+      CRL.M.C. 69/2021
       PUNEET CHOHAN AND & ORS.        ..... Petitioners
                   Through: Mr. Tarun Verma, Advocate

                          Versus

       STATE OF NCT OF DELHI AND ANR. ..... Respondents
                     Through: Mr. Izhar Ahmed, Additional
                              Public Prosecutor for
                              respondent No.1/ State with
                              SI Sanju & SI Yashpal,
                              Crime Against Women Cell,
                              Nanakpura
                              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 the present petition, petitioners are seeking quashing of

FIR No.75/2016, under Sections 498A/406/34 IPC, registered at

Crime Against Women Cell, Nanakpura, 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 10th December, 2005 and due to temporal

differences, the marriage could not work and they started living

separately since 10th August, 2013. 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 8th August, 2017. 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, Tis Hazari Court, Delhi and decree of divorce has been

granted on 14th March, 2019.

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

Settlement-Agreement of 8th August, 2017 have been acted upon

and the balance amount of Rs.3,00,000/- has been paid to

respondent No.2/complainant.

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.75/2016, under Sections

498A/406/34 IPC, registered at Crime Against Women Cell,

Nanakpura, New Delhi and consequent proceedings emanating

therefrom are quashed.

10. The petition is accordingly allowed and disposed of.

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

(SURESH KUMAR KAIT) JUDGE JANUARY 12, 2021 r