High CourtsSingle Bench(2020) 02 DEL CK 0455

Tarun Gupta & Ors vs State & Anr

Delhi High Court · Decided on 19 February 2020

HON’BLE JUDGES
Brijesh Sethi, J
RESULT
Allowed
CASE NUMBER
Criminal Writ Petition No. 504 Of 2020, Criminal Miscellaneous Application No. 3772 Of 2020

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Judgment

19 paragraphs · 312 words

Brijesh Sethi, J

Quashing of FIR No. 288/2016, under Sections 498A/406/ 352/342/34 IPC, registered at police station Gandhi Nagar East, Delhi is sought in this

petition on the ground that the matrimonial dispute inter se parties stand resolved in terms of Settlement Deed of 5th August, 2019 and that decree of

divorce has already been granted by the Family Court, Karkardooma Courts, Delhi on 25th January, 2020.

Learned counsel for petitioner has placed before this Court a copy of petition under Section 13(B) (1) of Hindu Marriage Act, 1955 and a copy of joint

statement of parties recorded under Section 13 (B) (2) of Hindu Marriage Act, 1955 and decree sheet dated 25th January, 2020 passed by the learned

Family Court, Karkardooma Courts, Delhi.

Notice.

Mr.R.S.Kundu, learned Additional Public Prosecutor for respondent/State submits that petitioners as well as respondent No.2/ complainant of this FIR,

are present in the Court and they have been duly identified by the Investigating Officer of this case.

Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved in terms of Settlement Deed of 5th

August, 2019 and in terms thereof, she has today received demand draft bearing No.004738, dated 15th February, 2020, amounting to Rs.1,75,000/-,

drawn on Axis Bank, New Delhi from petitioners and that decree of divorce has already been granted by the Family Court, Karkardooma Courts,

Delhi on 25th January, 2020. Respondent No.2 submits that now no grievance against petitioners survives and, therefore, the proceedings arising out

of the FIR in question be brought to an end.

Since the matrimonial dispute stands amicably resolved between the parties, this petition is allowed and Quashing of FIR No. 288/2016, under Sections

498A/406/ 352/342/34 IPC, registered at police station Gandhi Nagar East, Delhi and the proceedings emanating therefrom are quashed qua

petitioners.

This petition alongwith pending application stand disposed of accordingly.