Sunil Kumar & ORS v. The State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3558/2019 SUNIL KUMAR & ORS ..... Petitioners Through Mr. Surender Kumar, Advocate with Petitioners except Petition No.5.

versus THE STATE & ANR ..... Respondents Through Mr. Karan Jeet Rai Sharma, Advocate for Ms. Kamna Vohra, ASC for State.

SI Pushpender, PS Ambedkar Nagar.

Mr. Sunil Sharma, Advocate with R2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 29.01.2020 1.

The petitioners have filed the present petition, inter alia, praying that FIR bearing No. 0287/2015, under Sections 406/498-A/34 of the IPC registered with PS Ambedkar Nagar and all proceedings emanating therefrom, be quashed.

2.

The said FIR was registered at the instance of respondent No.2. Respondent no. 2 is present in Court and is identified by the Investigating Officer.

She states that had filed the said FIR in view of matrimonial disputes that had arisen between her and her husband (petitioner No.1). She further states that she has since resolved all her disputes and differences with petitioner No.1 in terms of a Compromise Deed dated 04.01.2019. A copy

of the said Deed has been placed on record.

3.

In terms of the said Deed, the said parties have agreed to divorce each other.

In addition, respondent No.2 had agreed to accept a sum of ₹3,45,000/- in full and final settlement of all her claims. Respondent No.2 acknowledges that she has already received a sum of ₹2,35,000/- out of the aforesaid amount and with the receipt of the balance amount of ₹1,10,000/-, she would have no further claims against the petitioners. 4.

The petitioners have handed over a sum of ₹1,10,000/- to respondent No.2 in cash. Respondent No.2 acknowledges receipt of the same as full and final settlement of all her claims.

5.

All petitioners except petitioner No.5 are present in Court. They are identified by their counsel. They state that none of the petitioners have any grievance against the respondent No.2 and have settled all their disputes with her.

6.

Petitioner No.1 and respondent No.2 have secured a decree of divorce by mutual consent.

7.

In view of the statements made by or on behalf of the concerned parties, this Court considers it apposite to allow the present petition. 8.

Accordingly, FIR bearing No.0287/2015, under Sections 406/498A/34 of the IPC registered with PS Ambedkar Nagar and all proceedings emanating therefrom, are quashed.

9.

All the petitioners present in Court and respondent No.2 shall sign this order as an acknowledgement of the statements recorded herein.

10.

The petition stands disposed of.

11.

Order be given dasti under the signatures of the Court Master. VIBHU BAKHRU, J JANUARY 29, 2020 DR