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Avinash Saxena & Ors vs The State (Govt. Of Nct Of Delhi) & … on 20 February, 2020

$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: February 20, 2020
+ W.P.(CRL) 513/2020 Crl.M.A. 3873/2020

AVINASH SAXENA ORS. ….. Petitioners
Through: Ms. Swagata Bhuyan, proxy
Advocate with petitioners in
person.

Versus

THE STATE (GOVT. OF NCT OF DELHI) ANR.. Respondents
Through: Mr.Jamal Akhtar, Advocate for
Mr.Rahul Mehra, Standing
Counsel for respondent/State
Respondent No.2 in person.

CORAM:
HON’BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT

BRIJESH SETHI, J (oral)

Quashing of FIR No. 66/2018, under Sections 498A/406/ 34 IPC,
registered at police station Nanakpura, Delhi is sought in this petition on
the ground that the matrimonial dispute inter se parties stand resolved in
terms of mediated Settlement Agreement of 8th October, 2018 reached
before The Mediation Centre, Dwarka Courts, New Delhi and that decree
of divorce has already been granted by the Family Court, Karkardooma
Courts, Delhi on 6th August, 2019.

Notice.

W.P.(CRL) 513/2020 1

Mr.Jamal Akhtar, Advocate for Mr.Rahul Mehra, Standing
Counsel for respondent/State, accepts notice and submits that petitioners
as well as respondent No.2/ complainant of this FIR, are present in the
Court and they have been duly identified on the basis of identity proof
furnished by them.

Respondent No.2, present in the Court, submits that the dispute
between the parties has been amicably resolved in terms of Settlement
Agreement of 8th October, 2018 and in terms thereof, she has today
received demand draft bearing No.114948, dated 19th February, 2020,
amounting to Rs.2,00,000/-, drawn on Syndicate Bank, New Delhi from
petitioners and that decree of divorce has already been granted by the
Family Court, Karkardooma Courts, Delhi on 6th August, 2019.
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. 66/2018,
under Sections 498A/406/ 34 IPC, registered at police station Nanakpura,
Delhi and the proceedings emanating therefrom are quashed qua
petitioners.

This petition alongwith pending application stand disposed of
accordingly.

(BRIJESH SETHI)
JUDGE
FEBRUARY 20, 2020/r

W.P.(CRL) 513/2020 2

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