Jitender Bhai Shah & ORS v. The State Govt Of NCT Of Delhi & ANR

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 77/2018 JITENDER BHAI SHAH & ORS ..... Petitioners Through Mr.Ashok Thagal and Mr.Dharmendra Kumar, Advs.

versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through Ms.Nandita Rao, ASC for State.

ASI G.Singh from P.S.Sarup Nagar.

Mr.Pramod Kumar, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 10.01.2018 Crl.M.A.No.457/2018 (exemption) Exemption is allowed subject to just exceptions. Application disposed of.

W.P.(CRL) 77/2018 Parties are seeking quashing of the present FIR i.e. the FIR No.270/2016 registered under Sections 498A/406 of the IPC read with Section 34 of the IPC at Police Station Swaroop Nagar on the complaint of respondent no.2.

Petitioner and respondent no.2 had been married as per the Hindu rites on 06.12.2014; thereafter relations soured; they could not pull along. They have been granted a decree of divorce which was by mutual consent on 23.11.2017. The parties are present in Court. They endorse this position. The settlement deed Ex.PA is a part of

the record. In terms of the settlement arrived at inter se the parties a sum of Rs.2,50,000/- has been paid by petitioner no.1 to the respondent no.2 in full and final settlement of her claims. Parties have no other claim left against one another. This is a fit case where the FIR should be quashed and it would be a futility to continue with the trial in the instant case. Accordingly, the FIR No.270/2016 registered under Sections 498A/406 of the IPC read with Section 34 of the IPC at Police Station Swaroop Nagar and all the proceedings emanating therefrom stand quashed. Petitioners are burdened with costs of Rs.5000/- to be deposited with the Delhi High Court Legal Services Committee.

Petition disposed of.

INDERMEET KAUR, J JANUARY 10, 2018 ndn