Yashpal & ORS v. State & ANR

$~35 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3536/2019 YASHPAL & ORS ..... Petitioners Through Mr. Chirag Khurana, Adv.

versus STATE & ANR ..... Respondents Through Mr. Piyush Singhal, Adv. for Mr.

Ashish Aggarwal, ASC-State.

ASI vijay Pal Singh, PS. CWC Nanak Pura.

Mr. Bhuvneshwer Sharma, Adv. for R2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 19.12.2019 CRL.M.A. 43100/2019 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

W.P.(Crl.) No.3536/2019 3.

The petitioners have filed the present petition, inter alia, praying that FIR No.131/2017 under Sections 498-A/406/34 of the IPC registered with Police Station Crime (Women Cell), Nanak Pura and all proceedings emanating therefrom, be quashed.

4.

Respondent No.2 is present in Court and is identified by the

Investigating Officer. She states that she had lodged the FIR in question in view of the matrimonial dispute that had arisen between her and her husband (petitioner no.1). She states that they have since resolved all their disputes and have secured a decree of divorce by mutual consent. 5.

She confirms that she had entered into a Settlement dated 10.05.2019 before the Counselling Cell, Family Court. A copy of the said Settlement is also placed on record. In terms of the said Settlement, respondent No.2 had decreed to accept a sum of ₹7 lacs, as full and final settlement of all her claims for herself and for her children. The said amount was to be paid in three instalments. She acknowledges that she has received two instalments, aggregating ₹5 lacs. She states that on receipt of the balance amount of ₹2 lacs, she would have no further claims against petitioner no.1. She also states that she has no grievance against the petitioners. 6.

The petitioners have handed over a Demand Draft (DD No.364754), dated 18.12.2019, drawn on Syndicate Bank for the sum of ₹2 lacs. Respondent No.2 has accepted the said Demand Draft in full and final settlement of all her claims. She joins the petitioners to pray that the FIR in question, and all proceedings emanating therefrom, be quashed. 7.

All petitioners, other than the petitioner no.2, are present in Court. They state that the petitioners have no grievance against respondent no.2. 8.

In view of the statements made by the parties, or on their behalf, this Court considers it apposite to allow the present petition. 9.

Accordingly, FIR No.131/2017 under Sections 498-A/406/34 of the IPC registered with Police Station Crime (Women Cell), Nanak Pura, and all proceedings emanating therefrom, are quashed.

10.

The concerned parties shall sign this order as an acknowledgement of their statements recorded herein.

11.

Order dasti under the signatures of the Court Master. VIBHU BAKHRU, J DECEMBER 19, 2019 DR