Jaswant Singh & ORS v. State & ANR

$~10 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3022/2019 JASWANT SINGH & ORS ..... Petitioners Through:

Mr Abhay Kumar, Advocate.

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

Mr Amit Peswani, Advocate for Ms Nandita Rao, ASC (Criminal) for State.

ASI Charan Singh, Police Station Begumpur, Delhi.

Mr Joginder Singh, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 29.01.2020 CRL.M.A. 39029/2019 1.

Exemption is allowed, subject to all just exceptions. 2.

The application stands disposed of.

W.P.(CRL) 3022/2019 3.

The petitioners have filed the present petition, inter alia, praying that FIR No. 0142/2017 under Sections 498A/406 of the IPC registered with PS Begum Pur and all other 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 had filed the said FIR in view of matrimonial disputes that had arisen between her and her husband (petitioner no.1). She states that she has since settled all her disputes in terms of the Settlement Agreement dated 02.02.2018. In terms of the said settlement, she and her

husband agreed to divorce by mutual consent.

She states that they have already secured a decree of divorce by mutual consent. The petitioner had agreed to pay a sum of ₹3,00,000/- in full and final settlement of all her claims and she acknowledges that she has already received the said amount. She also joins the petitioners in praying that the FIR in question be quashed. 6.

The petitioners are present in Court and are identified by their counsel. They state that they have settled all their disputes with respondent no.2 and have no grievances against her and pray that the FIR in question be quashed.

7.

In view of the settlement arrived at between the concerned parties and the statements made by them, this Court considers it apposite to allow the present petition.

8.

Accordingly, FIR No. 0142/2017 under Sections 498A/406 of the IPC registered with PS Begum Pur and all other proceedings emanating therefrom, are quashed.

9.

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