Tarun Gupta & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3561/2019 TARUN GUPTA & ORS ..... Petitioners Through:

Ms Megha Sony, Ms Radhika Arora and Mr Prateik Gaur, Advocates.

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

Mr Karan Jeet Rai Sharma, Advocate for Mr Sanjay Lao, ASC for State.

SI Amit Kumar, PS N.U. Pur.

Ms Preeti Kumari, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 29.01.2020 1.

The petitioners have filed the present petition, inter alia, praying that FIR bearing no. 0919/2018 under Sections 406/498A/34 of the IPC and Section 4 of the Dowry Prohibition Act, 1961 registered with PS New Usmanpur and all proceedings emanating therefrom, be quashed. 2.

Respondent no.2 is present in Court and is identified by the Investigating Officer.

3.

She states that she had filed the FIR in view of matrimonial disputes that had arisen between her and her husband (petitioner no.1). She states that they have since resolved all disputes in terms of a settlement arrived at before the Family Court, District North-East, Karkardooma, Delhi in M.T. No. 409/2018. In terms of the said settlement, she and petitioner no.1 had agreed to seek divorce by mutual consent. She also confirms that she had agreed to accept a sum of ₹25,00,000/- as full and final settlement of all her claims. She acknowledges that she has already received a sum of ₹18,00,000/- from petitioner no.1 and with the receipt of the balance amount

of ₹7,00,000/-, she would have no further claims against the petitioner. Respondent no.2 and petitioner no.1 have also secured a decree of divorce by mutual consent.

4.

The petitioners are also present in Court and are identified by their counsel. They have today handed over a Manager's Cheque of ₹7,00,000/- (Manager's Cheque bearing No. 011237 made by HDFC Bank). Respondent no.2 acknowledges the receipt of the said manager's cheque in full and final settlement of all her claims. The petitioners state that they have no grievances against respondent no.2. Respondent no. 2 joins the petitioners in praying that the FIR in question be quashed.

5.

In view of the statements made by the concerned parties, the present petition is allowed.

6.

Accordingly, FIR bearing no. 0919/2018 under Sections 406/498A/34 of the IPC and Section 4 of the Dowry Prohibition Act, 1961 registered with PS New Usmanpur and all other proceedings emanating therefrom, are quashed.

7.

The concerned parties (petitioners and respondent no.2) shall sign a copy of this order as an acknowledgement of the statements recorded herein. VIBHU BAKHRU, J JANUARY 29, 2020/RK