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Akshat Aggarwal & Ors. vs State & Anr. on 27 April, 2021

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*IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 27.04.2021

+ CRL.M.C. 1032/2021 CRL.M.A. 5246/2021
AKSHAT AGGARWAL ORS. ….. Petitioners
Through: Mr. Raj Vardhan Verma,
Advocate
Versus
STATE ANR. ….. Respondents
Through: Mr. Izhar Ahmed, Additional
Public Prosecutor for
respondent No.1/ State with
SI Kamlesh
Respondent No. 2/
complainant in person
CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT

JUDGMENT (ORAL)

%
The hearing has been conducted through video conferencing.

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

No. 94/2018, under Sections 498A/406/34 IPC, registered at police

station Hauz Khas, 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

Crl.M.C. 1032/2021 Page 1 of 3
through video conferencing and she has been identified as the

complainant of FIR 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 14.07.2013 and due to temporal differences, the

marriage could not work and they started living separately after

01.10.2016. The dispute between the parties culminated into the FIR

in question.

6. The present petition has been filed on the ground that with the

intervention of common friends and relatives, the parties have

amicably settled their dispute in terms of Memorandum of

Understanding dated 09.01.2020. It is stated that joint petitions

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

Marriage Act, 1955 have been allowed by the learned Principal

Judge, Family Court, Saket Courts, New Delhi and decree of

divorce has been granted on 04.03.2020.

7. Respondent No.2, who is the complainant of FIR in question,

Crl.M.C. 1032/2021 Page 2 of 3
and is present through video conferencing, affirms the factum of

amicable settlement with petitioners in terms of Memorandum of

Understanding dated 09.01.2020 as well as grant of decree of

divorce dated 04.03.2020 by the learned Principal Judge, Family

Court, Saket Courts, New Delhi. She affirms the content of her

affidavit dated 08.02.2021 filed in support of this petition.

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. 94/2018, under Sections

498A/406/34 IPC, registered at police station Hauz Khas, New

Delhi and consequent proceedings emanating therefrom are

quashed.

10. The petition is accordingly allowed and disposed of.

11. Pending application is disposed of as infructuous.

(SURESH KUMAR KAIT)
JUDGE
APRIL 27, 2021/r

Crl.M.C. 1032/2021 Page 3 of 3

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