Shantanu Gupta & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3126/2019 & CRL.M.A. 39847/2019 & CRL.M.A. 39848/2019 SHANTANU GUPTA & ORS ..... Petitioners Through:

Mr Amit Vohra, Advocate.

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

Ms Jyoti Babbar, Advocate for Mr Rajesh Mahajan, ASC for State.

W/SI Reema, PS Janakpuri.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 07.11.2019 1.

The petitioners have filed the present petition, inter alia, praying that FIR No.0208/2017, under Sections 406/498A/34 of the Indian Penal Code, 1860 (IPC) registered with PS Janakpuri, Delhi and all proceedings emanating therefrom, be quashed.

2.

The said FIR was registered at the instance of respondent no.2. It is stated that the same was filed as certain matrimonial disputes had arisen between petitioner no.1 and respondent no.2.

3.

The said parties (petitioner no.1 and respondent no.2) have since resolved their disputes. They had agreed to seek divorce by mutual consent,

which had been granted.

The said parties had also entered into a Memorandum of Understanding dated 27.03.2019. In terms of the said MoU, petitioner no.1 had agreed to pay a sum of ₹5,50,000/- to respondent no.2 in full and final settlement of all her claims. 4.

Petitioner nos.1 and 2 are present in the Court and are identified by their counsel. Petitioner no.2 states that his wife (petitioner no.3) is unable to come to Court as she is suffering from cancer. 5.

Respondent no.2 is present in the Court and is identified by the Investigating Officer. She states that she has no further grievances against the petitioners. She also states that she has received a sum of ₹4,00,000/- from petitioner no.1 and on receipt of the further sum of ₹1,50,000/-, she would have no further claims against the petitioners. 6.

The petitioners have handed over a demand draft (DD No.512265 drawn on ICICI Bank) for a sum of ₹1,50,000/-. Respondent no.2 has received the same in full and final settlement of all her claims. 7.

Both the parties (petitioners and respondent no.2) jointly pray that the FIR in question be quashed.

8.

In view of the aforesaid statements made by the petitioners and respondent no.2, this Court considers it apposite to allow the present petition. Accordingly, FIR No. 0208/2017, under Sections 406/498A/34 of the IPC registered with PS Janakpuri, Delhi and all proceedings emanating therefrom are quashed.

9.

The petitioners and respondent no.2 shall sign this order as an

acknowledgment of their statements recorded herein. 10.

All the pending applications are disposed of. VIBHU BAKHRU, J NOVEMBER 07, 2019/MK