Raj Kumar & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3499/2019 RAJ KUMAR & ORS ..... Petitioners Through:

Ms Kanishka Gautam, Advocate.

versus STATE & ANR ..... Respondents Through:

Mr Shivam Saharan, Mr Hitesh Vali, Advocates for Mr. R. S. Kundu, ASC for State with ASI Ajeet Singh, SP Farsh Bazar.

Mr Raj Kumar, Advocate for R-2 along with R-2 in person.

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. 0419/2018 under Sections 406/498A/377/506/34 of the IPC, registered with PS Farsh Bazar 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 she had filed the FIR in question in view of matrimonial disputes that had arisen between her and petitioner no.1.

3.

She states that the said disputes have been resolved in terms of a Settlement Deed arrived at between the concerned parties dated 30.05.2019. She stated that in terms of the said settlement, petitioner no.1 had agreed to pay a sum of ₹3,00,000/- in full and final settlement of all her claims. It is stated that a sum of ₹2,00,000/- was received earlier. She states that with the receipt of the balance amount of ₹1,00,000/-, she would have no further claims against the petitioners.

4.

The petitioners have today handed over a manager's cheque for a sum of ₹1,00,000/- issued by HDFC Bank. A copy of the same has been handed over and the same is taken on record. She acknowledges the receipt of 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 other than petitioner no.4 are present in Court and they are identified by their counsel. It is stated that petitioner no.4 has been unable to come as he is serving in the armed forces and is posted at Jammu and Kashmir.

6.

However, it is stated that he did not have any grievances against respondent no.2. The petitioners confirm that their all disputes with respondent no.2 are settled and pray that the FIR in question be quashed. 7.

In view of the statements made by/on behalf of the concerned parties, the present petition is allowed and accordingly, FIR No. 0419/2018 under Sections 406/498-A/377/506/34 of the IPC IPC registered with PS Farsh Bazar and all proceedings emanating therefrom, are quashed.

8.

The concerned parties (petitioner nos.1 to 3 and 5 and respondent no.2) shall sign this order as an acknowledgment of the statements recorded herein.

VIBHU BAKHRU, J DECEMBER 17, 2019 MK