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2021 Supreme(Del) 1823
IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Puneet Chohan And & Ors. - Appellants
Versus
State NCT Of Delhi & Anr. - Respondents
Criminal Miscellaneous Case No. 69 of 2021
Decided On : 12-01-2021
Important Points
Subject
Criminal Law - Domestic Violence and Family Disputes
Act Referred
INDIAN PENAL CODE : S.34, S.406, S.498(a)
Headnote
Quashing - Marriage Dispute - The court quashed the FIR and consequent proceedings arising from the dispute between the parties, as they had amicably settled their dispute and obtained a divorce decree.
Fact of the Case:
The marriage between the parties could not work, leading to a dispute and the filing of FIR No.75/2016 under Sections 498A/406/34 IPC. The parties later settled their dispute and obtained a divorce decree.
Finding of the Court:
The court found that the parties had amicably settled their dispute and acted upon the terms of the Settlement-Agreement, leading to the quashing of the FIR and consequent proceedings.
Issues: The main issue was the quashing of FIR No.75/2016 and the consequent proceedings arising from the marriage dispute between the parties.
Ratio Decidendi: The court's decision was influenced by the amicable resolution of the dispute between the parties and the granting of a divorce decree, leading to the quashing of the FIR and consequent proceedings.
Final Decision: The court allowed the petition and quashed FIR No.75/2016, under Sections 498A/406/34 IPC, and the consequent proceedings emanating therefrom.
Tarun Verma, Advocate, Izhar Ahmed, Advocate
JUDGMENT
Suresh Kumar Kait, J. - 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.
