Nishchint Sirohi And Others vs The State (Govt. Of Nct Delhi) And ...
2021 Latest Caselaw 161 Del

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*IN THE HIGH COURT OF DELHI AT NEW DELHI
                                   Date of decision: January 15, 2021
+      CRL.M.C. 6/2021 & Crl.M.A. 14/2021

       NISHCHINT SIROHI & OTHERS.        ..... Petitioners
                     Through: Mr. Anil Kumar, Advocate

                          Versus

       THE STATE (GOVT. OF NCT DELHI) & ANOTHER .....
                                           Respondents
                     Through: Mr. Panna Lal Sharma,
                               Additional Public Prosecutor
                               for respondent No.1/ State
                               Respondent No. 2/
                               complainant

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                        JUDGMENT (ORAL)

% 15.01.2021 The hearing has been conducted through video conferencing.

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

FIR No.797/2014, under Sections 498A/406/34 IPC, registered at

police station North Rohini, New Delhi and all other proceedings

arising therefrom.

2. Notice issued.

3. Mr. Panna Lal Sharma, 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/husband and

respondent No.2/wife was solemnized on 05.03.2008 and due to

temperamental differences, the marriage could not work and they

started living separately since 12.12.2013. The matrimonial 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 matrimonial dispute vide

Compromise Deed dated 22.11.2019 and the joint petitions under

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

Act, 1955 have been allowed by the learned Principal Judge, Family

Court, Rohini Courts, New Delhi and decree of divorce has been

granted on 10.11.2020.

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

settlement have been acted upon and the balance amount of

Rs.6,00,000/- 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.797/2014, under Sections

498A/406/34 IPC, registered at police station North Rohini, New

Delhi and consequent proceedings emanating therefrom against the

petitioners, are hereby quashed.

10. The petition is accordingly allowed and disposed of.

11. Pending application also stands disposed of.

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

(SURESH KUMAR KAIT) JUDGE JANUARY 15, 2021 r