Delhi High Court - Orders
Sushil Goyal And Others vs State Nct Of Delhi & Anr on 5 September, 2023
Author: Rajnish Bhatnagar
Bench: Rajnish Bhatnagar
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4773/2023
SUSHIL GOYAL AND OTHERS ..... Petitioners
Through: Mr. Prashant Sharma,Adv.
Petitioners in person.
versus
STATE NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Raghuinder Verma, APP for the
State with SI Isha, P.S.South Rohini.
R-2 in person.
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
ORDER
% 05.09.2023 CRL.M.A. 18254/2023 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.
CRL.M.C. 4773/20231. This is a petition under Section 482 Cr.P.C. for quashing of FIR No.255/2020, under Sections 498A/406/34 IPC, registered at Police Station South Rohini, Delhi, and all proceedings emanating therefrom.
2. Issue notice. Learned APP appears on advance notice, and accepts notice.
3. The brief facts of the case are that the petitioner No.1 and respondent No.2 got married on 20.04.2019 according to Hindu rites and ceremonies and they lived together as husband and wife with each other. Thereafter, the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:48:17 disputes and differences arose between them and they started living separately. On 14.07.2020, the respondent No.2 got the above said FIR registered against the petitioners.
4. Counsel for the petitioners submits that during the pendency of the trial, with the intervention of family members of both the parties, the parties have settled the matter amicably in terms of the Settlement dated 21.11.2022 arrived at before the Mediation Centre, Rohini Courts, Delhi. Copy of the said settlement is placed on record. Accordingly, the petition under Section 13B(2) of the HMA was allowed and the marriage of the petitioner No.1 and respondent No.2 was dissolved vide decree of divorce dated 06.05.2023 passed by the Principal Judge, Family Courts, Rohini, Delhi. The copy of the decree is already on record.
5. Petitioners and respondent no.2 are present in Court today and they have been identified by the IO. I have interacted with the parties and they submit that they have settled their disputes. Respondent No.2 admits that she has settled the matter amicably with the petitioners. She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. As per settlement, today, a demand draft of Rs. 5,00,000/- (bearing no. 40183 dated 01.09.2023 drawn on YES Bank.) has been handed over to respondent no.2. Respondent No.2 submits that nothing remains to be adjudicated further between them and she has no objection if the FIR in question is quashed.
6. Learned APP for the State submits that in view of the settlement, the State has no objection if the FIR in question be quashed.
7. Keeping in view the above facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose will be This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:48:17 served by keeping the case pending. It will be nothing but abuse of the process of law. Consequentially, this petition is allowed and FIR No.255/2020, under Sections 498A/406/34 IPC, registered at Police Station South Rohini, Delhi, and the proceedings emanating therefrom shall stand quashed.
8. The present petition stands disposed of accordingly.
RAJNISH BHATNAGAR, J SEPTEMBER 5, 2023/ib This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:48:18