Amit Mehra & ORS v. State Of NCT Of Delhi & ANR

$~47 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3461/2019 AMIT MEHRA & ORS ..... Petitioners Through Mr Pulkit Thareja, Advocate.

versus STATE OF NCT OF DELHI & ANR ..... Respondents Through Ms Kusum Dhalla, APP for State.

Insp. Usha Sharma, P.S. North Rohini.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 11.12.2019 CRL.M.A. 42444/2019 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

W.P.(CRL) 3461/2019 3.

The petitioners have filed the present petition, inter alia, praying that FIR No. 262/2019 under Sections 498-A/406/34 of the IPC registered with PS North Rohini and all proceedings emanating therefrom, be quashed. 4.

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.

5.

She states that she has since resolved all her disputes with the

petitioners. She states that she had filed the FIR in question in view of matrimonial disputes that had arisen between her and her husband (petitioner no.1). She states that she has entered into a Compromise Deed dated 19.01.2017 with petitioner no.1 and has thereby agreed to settle all her claims for a consideration of ₹26,75,000/-. The said parties had also agreed to seek divorce by mutual consent. Respondent no.2 and petitioner no.1 are divorced pursuant to a decree of divorce secured on 18.10.2019. 6.

Respondent no.2 further acknowledges that she has received part of the amount as agreed and the balance amount is yet to be received. Petitioner no.1 has today handed over a manager's cheque for a sum of ₹8,68,750/- drawn on HDFC Bank. A photocopy of the same has been handed over to the Court and the same is taken on record. Respondent no.2 has accepted the same in full and final settlement of all her claims. She has no grievance against the petitioners and joins the petitioners in praying that the FIR in question be quashed.

7.

The petitioners are present in Court and are identified by their counsel. They state that they have no further grievance against respondent no.2.

8.

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

Accordingly, the petition is allowed and FIR No. 262/2019 under Sections 498-A/406/34 of the IPC, registered with PS North Rohini and all

proceedings emanating therefrom, are quashed. 10.

The petitioners and respondent no.2 shall sign this order as an acknowledgment of the statements recorded herein. 11.

The petition is disposed of in the aforesaid terms. VIBHU BAKHRU, J DECEMBER 11, 2019 pkv