Abhinav Singh & ORS. v. State & ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2867/2019 ABHINAV SINGH & ORS.
..... Petitioners Through:
Mr Amit Ranjan Mishra, Mr Varun Vishal Pandey and Ms Isha Mishra, Advocates.
versus STATE & ANR.
..... Respondents Through:
Mr Piyush Singhal, Advocate for Mr Ashish Aggarwal, ASC for State.
ASI Dinesh Tyagi, Mayur Vihar.
Ms Aprajita Sharma, Advocate for R2 along with R-2.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
O R D E R
% 21.11.2019 1.
The petitioners have filed the present petition, inter alia, praying that FIR No. 0339/2018, under Sections 498-A/406/34 of the IPC, registered with PS Mayur Vihar, Phase-1 and all proceedings emanating therefrom, be quashed.
2.
The said FIR was registered at the instance of respondent no.2. She is present in Court and is identified by the Investigating Officer. She states that the said FIR was lodged in view of matrimonial disputes that had arisen between respondent no.2 and her husband (petitioner no.1). 3.
Respondent no. 2 states that she and petitioner no.1 have resolved all
their disputes and have secured a decree of divorce by mutual consent. She also confirms that a settlement had been arrived at between the concerned parties. She also states that she had filed a complaint under the Protection of Women from Domestic Violence Act, 2005 which was settled in terms of the compromise between the parties.
In terms of the said compromise, petitioner no.1 had agreed to pay a sum of ₹5,00,000/- in full and final settlement of her claims. She acknowledges that she has already received a sum of ₹4,00,000/- from petitioner no.1 and has no further claims against the petitions on receipt of the balance amount of ₹1,00,000/-. 4.
The petitioners are present in Court and are identified by their counsel. Petitioner no.1 has handed over a demand draft for a sum of ₹1,00,000/- (DD No. 011437 dated 20.11.2019 drawn on IDBI Bank). Respondent no.2 accepts the said demand draft in full and final settlement of all her claims. She states that she does not wish to pursue the FIR in question and joins the petitioners in praying that FIR in question be quashed. The petitioners state that they have no grievance or claims against respondent no.2.
5.
In view of the statements made by the petitioners and respondent no. 2, this Court considers it apposite to allow the present petition. 6.
Accordingly, FIR No. 0339 /2018, under Sections 498-A/406/34 of the IPC, registered with PS Mayur Vihar and all proceedings emanating therefrom, are quashed.
7.
The concerned parties (petitioners and respondent no.2) shall sign this order as an acknowledgement of the statements recorded herein. VIBHU BAKHRU, J NOVEMBER 21, 2019 RK