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High Court of DelhiCRL.M.C./6505/2019

Gaurang Harit & ORS. v. State & ANR.

2019-12-17Hon'Ble Mr. Justice Suresh Kumar Kait2 pages

$~35 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6505/2019 GAURANG HARIT & ORS.

..... Petitioners Through: Mr Nitish Barkha, Advocate.

versus STATE & ANR.

..... Respondents Through: Mr Kamal Kumar Ghai, APP for State.

SI Anil Kumar, P.S. Neb Sarai.

MS anu Narula, Advocate for complainant with complainant.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 17.12.2019 1.

The petitioners have filed the present petition, inter alia, praying that FIR No. 0853/2016, under Sections 498/406/34 of the IPC registered at Police Station Neb Sarai 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. She states that the said FIR was filed in view of matrimonial disputes that had arisen between her and petitioner no.1. She states that she has since resolved all her disputes with petitioner no.1 and they are now divorced.

3.

She further 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 ₹10,00,000/- in full and final settlement of all her claims. She claims that she has already received a sum of ₹6 lakhs and that on receipt of the balance

amount, she would have no further claims against the petitioners. 4.

Petitioner no.1 has today handed over a demand draft bearing No. DD 00065, drawn on Bandhan Bank for a sum of ₹4,00,000/-, to respondent no.2. The photocopy of the said demand draft has been handed over and the same is taken on record. Respondent no.2 has accepted the said demand draft in full and final settlement of all her claims. She joins the petitioners in praying that the FIR in question be quashed.

5.

All the petitioners are present in Court and are identified by their counsel. They state that they have no grievance against respondent no.2 and confirm that all disputes with respondent no.2 are resolved. 6.

In view of the statements made before this Court, the petition is allowed and accordingly, FIR No. 0853/2016, under Sections 498/406/34 of the IPC registered at Police Station Neb Sarai and all proceedings emanating therefrom, are quashed.

7.

The 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 DECEMBER 17, 2019 pkv