Lalit Prasad & ORS. v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 16/2020 LALIT PRASAD & ORS.

..... Petitioners Through Mr L.K. Passi, Advocate.

versus STATE & ANR.

..... Respondents Through Mr Rajesh Mahajan, ASC for State with Ms Jyoti Babbar, Advocate.

SI Ravindra Kumar, P.S. Patel Nagar.

Mr D. B. Yadav, Advocate for R2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 14.01.2020 1.

The petitioners have filed the present petition, inter alia, praying that that the FIR No. 0074/2018 under Sections 270/323 of the IPC registered with PS Patel Nagar as well as all consequential proceedings arising out of the said FIR, be quashed.

2.

The said FIR was registered at the instance of respondent no.2. She is present in Court and is identified by the Investigating Officer. She states that the FIR was filed in view of the disputes that had arisen between her and her husband (petitioner no.1). She states that all disputes have been settled

between her and her husband (petitioner no.1). She further states that she and petitioner no.1 have secured a decree of divorce by mutual consent. Respondent no.2 states that she has no grievances against the petitioners and she joins them in praying that the present FIR be quashed. 3.

Respondent no.2 states that in terms of the settlement arrived at between her and petitioner no.1, petitioner no.1 has agreed to pay a sum of ₹6,00,000/- in full and final settlement of all her claims. She states that out of the aforesaid sum, petitioner no.1 has already paid a sum of ₹4,50,000/- to her. She states that she would have no further claims against the petitioners on receipt of the balance amount of ₹1,50,000/-. 4.

The petitioners are present in Court and are identified by their counsel. Petitioner no.1 has handed over a Bankers Cheque No. 202549 drawn on State Bank of India for the aforesaid sum of ₹1,50,000/-, which has been accepted by respondent no.2 in full and final settlement of all her claims.

5.

In view of the statements made by the concerned parties (petitioner no.1 and respondent no.2) this Court considers it apposite to allow the present petition.

6.

Accordingly, the petition is allowed and FIR No. 0074/2018 under Sections 270/323 of the IPC registered with PS Patel Nagar as well as all consequential proceedings arising out of the said FIR, are quashed. 7.

The concerned parties (petitioners and respondent no.2) shall sign this order as an acknowledgment of the statements recorded herein.

8.

The petition is disposed of in the aforesaid terms. VIBHU BAKHRU, J JANUARY 14, 2020 pkv