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Rahul Marwah & Ors vs Govt. Of N.C.T Of Delhi & Ors on 12 February, 2020

$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: February 12, 2020

+ W.P.(CRL) 424/2020 and CRL.M.A. 3175/2020

RAHUL MARWAH ORS ….. Petitioners

Through Mr. R.V. Sinha, Mr. A.S. Singh,
Mr. Amit Sinha and Ms. Sharanya
Sinha, Advocates alongwith
petitioners in person

versus

GOVT. OF N.C.T OF DELHI ORS ….. Respondents

Through Mr. Rajesh Mahajan, Additional
Standing Counsel for the State
with Ms. Jyoti Babbar and Ms.
Shrutika Vedi, Advocates for
Respondent nos.1 to 3

Mr. Varun Kumar, Advocate for
Respondent no.4 alongwith
Respondent no.4 in person

CORAM:

HON’BLE MR. JUSTICE BRIJESH SETHI

JUDGMENT

BRIJESH SETHI, J (oral)

The petitioners have filed the present petition under Section 482 of
the Code of Criminal Procedure, 1973 for quashing of FIR No.

W.P.(Crl.) 424/2020 Page 1 of 3
0101/2018, under Sections 498A/406/34 of the Indian Penal Code, 1860,
registered at P.S.: Vikaspuri, West Delhi and the proceedings emanating
therefrom.

Learned Additional Standing Counsel for the State submits that
chargesheet has been filed against petitioner nos. 1 to 3 and petitioner
nos. 4 and 5 have been kept in Column Nos. 4 and 5 of the FIR.

The Investigating Officer, who is present in Court, has identified
the petitioners as well as respondent no.4.

The petitioners and respondent no.4 have submitted that they have
settled their disputes vide Compromise Deed dated 18 th April, 2019. The
parties have already obtained divorce by mutual consent on 6th July,
2019. The settlement amount was Rs. 9,00,000/-, out of which Rs.
4,00,000/- has been paid to respondent no.4 at the time of first motion and
Rs. 4,00,000/- has further been paid to respondent no.4 at the time of
second motion and a demand draft of Rs. 1,00,000/- has been handed
over to respondent no.4 today in the court. Copy of the said demand draft
has been placed on record.

Respondent no.4 reiterates the aforesaid facts and submits that they
have amicably settled their dispute without any pressure or coercion from
any source whatsoever. Respondent no.2 has further submitted that she
has no objection if the FIR is quashed and the petition is allowed.

In view of the above settlement arrived at between the parties, this
Court is of the view that no fruitful purpose would be served in keeping

W.P.(Crl.) 424/2020 Page 2 of 3
the parties entangled in the criminal proceedings. Accordingly, in the
interest of justice, FIR No. 0101/2018, under Sections 498A/406/34 of
the IPC registered at P.S.: Vikaspuri, West Delhi and the proceedings
emanating therefrom are quashed.

Petition alongwith pending application stand disposed of
accordingly.

(BRIJESH SETHI)
JUDGE
FEBRUARY 12, 2020
savita

W.P.(Crl.) 424/2020 Page 3 of 3

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