Nitin Goel & Ors vs The State & Ors on 16 July, 2021

[Cites 4, Cited by 1]

Delhi High Court - Orders

Nitin Goel & Ors vs The State & Ors on 16 July, 2021

Bench: Yogesh Khanna

                                $~47
                                *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +    CRL.M.C. 1536/2021
                                     NITIN GOEL & ORS.                                   ..... Petitioners
                                                       Through : Mr.Sunil Dahiya, Advocate with
                                                                   petitioners.
                                                        versus
                                     THE STATE & ORS.                                  ..... Respondents
                                                        Through : Mr.Izhar Ahmed, APP for State with
                                                                   Investigating Officer Lakshmi Singh.
                                                                   Mr.Anil Kumar Khanna, Advocate
                                                                   for respondents No.2 to 6 with all five
                                                                   respondents in person.
                                     CORAM:
                                     HON'BLE MR. JUSTICE YOGESH KHANNA
                                                      ORDER

% 16.07.2021

1. The hearing has been conducted through Video Conferencing.

Crl.M.A.No.10764/2021

2. Exemption allowed, subject to all just exceptions.

3. The application stands disposed of.

CRL.M.C. 1536/2021

4. Petitioners file this petition for quashing of the FIR No.16/2020 under Section 354/323/34 Indian Penal Code registered at police station Ashok Vihar against them and the proceedings emanating therefrom, which was got registered by the respondent No.2 and respondents No.3 to 5 are also injured.

5. The facts are that on 18.02.2017 the petitioner No.3 and respondent No.3 got married according to Hindu rites and ceremonies. However, no issue was born from the wedlock. Since there was temperamental difference they got separated.

Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:17.07.2021 11:29

6. On 18.09.2019 the respondent filed application under Section 12 of the DV Act against all the petitioners and also under Section 125 Cr.P.C.

7. On 08.01.2020 while attending the proceedings in the women cell a scuffle took place between the petitioners and the respondents which resulted in two FIRs 16/2020 under Section 354/323/34 IPC and 19/2020 under Section 323/506/34 IPC.

8. On 19.02.2020 the petitioners got settled the matter amicably and voluntarily in Mediation at CAW Cell M2K, Rani Bagh, Delhi and have settled all the disputes and it was decided the petitioner No.3 shall pay an amount of Rs.17 lacs to respondent No.3 as full and final settlement of all her claims qua istridhan, permanent alimony, dowry and maintenance, (present, past and future).

9. The respondent No.3 is present and has been duly identified by the Investigating Officer, states the matter has been settled with the petitioners and she has received the settled amount and she has no objection if the FIR is quashed against the petitioners.

10. The learned APP for the State has also no objection, if this petition is allowed.

11. Considering the facts, there is no use to proceed with the criminal case as complainant has settled all the disputes with the petitioners. Respondent No.2 to 6 are present and say that they have no objection if the FIR is quashed. In view of the above, there is no use to continue with the proceedings against petitioners as it would never entail in conviction of petitioners.

12. Accordingly, the petition is allowed. Consequently, FIR No.16/2020 under Section 354/323/34 Indian Penal Code registered at Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:17.07.2021 11:29 police station Ashok Vihar and the proceedings emanating therefrom are quashed. Pending application, if any, also stands disposed of. No order as to costs.

YOGESH KHANNA, J.

JULY 16, 2021 VLD Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:17.07.2021 11:29

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Delhi High Court - Orders