Dilip Kumar & ORS v. State (Govt Of NCT Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 27/2018 DILIP KUMAR & ORS ..... Petitioners Through:

Ms Sabita Kumari Sah, Advocates.

versus STATE (GOVT OF NCT DELHI) & ANR ..... Respondents Through :

Mr Arun Kumar Sharma, APP.

Mr D.K.Dwivedi, Advocate for R-2.

ASF Subhash, PS Prashant Vihar.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 04.01.2018 Crl. M.A.85/2018(exemption) Allowed, subject to all just exceptions.

CRL.M.C. 27/2018 1.

The petitioners, by this petition, seek quashing of FIR No.1056/2014 under Sections 498A/406/506/34 IPC, Police Station Prashant Vihar, lodged by Respondent No. 2.

2.

Petitioner No.1 was married to respondent No.2. Petitioners 2 & 3 are the parents of petitioner No.1 and petitioner No.4 is the sister of petitioner No.1.

3.

Because a matrimonial discord, the above-referred FIR was lodged by respondent No.2.

4.

It is contended that through the process of Conciliation, Settlement CRL.M.C.27/2018

had been arrived at between the parties because which, the parties have mutually settled all their disputes.

5.

Petitioner No.1 and respondent No.2 have already dissolved their marriage by way of mutual consent.

6.

As per the Settlement, it was agreed that a sum of Rs.2 lakhs shall be paid towards full and final settlement of all claims of respondent No.2. 7.

A sum of Rs.1,40,000/- has already been paid and a balance sum of Rs.60,000/- has been handed over to respondent No.2 today in Court by way of a Banker's Cheque bearing No.095141 dated 03.01.2018 issued by the HDFC Bank, New Friends Colony, which is accepted by respondent No.2, who is present in person and is identified by the counsel as well as the Investigating Officer.

8.

Respondent No.2 submits that she has settled all her disputes. She does not wish to press her complaints any further. 9.

In view of the fact that the FIR emanates from matrimonial discord and the parties have since settled their disputes and even the marriage between the petitioner No.1 and respondent No.2 has been dissolved by mutual consent, it would be expedient to quash the FIR No. 1056/2014. 10.

Accordingly, the petition is allowed. FIR No. 1056/2014 under Sections 498A/406/506/34 IPC, Police Station Prashant Vihar and the consequent proceedings are hereby quashed.

12.

Order Dasti under signatures of the Court Master. JANUARY 04, 2018/'Sn'

SANJEEV SACHDEVA, J CRL.M.C.27/2018