Chetan Rawal & ORS v. The State (NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2777/2019 CHETAN RAWAL & ORS ..... Petitioners Through:

Mr Dharmender Shamra, Advocate.

versus THE STATE (NCT OF DELHI) & ANR ..... Respondents Through:

Mr Sanjay Lao, ASC for Ms Kamna Vohra, ASC for State.

SI Kamlesh Kumar, PS Bindapur.

Mr Malkhan Singh, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 27.09.2019 CRL.M.A. 37039/2019 1.

Allowed, subject to all just exceptions.

W.P.(CRL) 2777/2019 2.

The petitioners have filed the present petition, inter alia, praying that FIR No.0026/2018 under Sections 498A/406/34 IPC, registered with PS Bindapur and all proceedings emanating therefrom, be quashed. 3.

The said FIR was registered at the instance of respondent no.2. 4.

The petitioners and respondent no.2 are present in court. The

petitioners are identified by their counsel and respondent is identified by the Investigating Officer (IO). The parties state that the said FIR was registered on account of matrimonial disputes and the said disputes have since been settled in terms of the settlement recorded on 13.08.2018 before the Counselling Cell, Family Courts in Case No.Mt 133/2018. In terms of the said settlement arrived at between petitioner no.1 and respondent no.2, petitioner no.1 had agreed to pay a sum of ₹6,75,000/- in full and final settlement against all claims made by respondent no.2. 5.

Respondent no.2 states that she has already received a sum of ₹4,50,000/- out of the said amount of ₹6,75,000/-. She further states that she has no grievance against the petitioners and on receipt of the balance amount of ₹2,25,000/-, she would have no further claims against them. 6.

The petitioners today handed over a demand draft for a sum of ₹2,25,000/- (DD No.423404 dated 04.09.2019 drawn on Punjab National Bank). Respondent no.2 has accepted the said demand draft in full and final settlement of all her claims.

7.

Respondent no.2 joins the petitioners in praying that the FIR in question be quashed.

8.

In view of the above, the FIR No. 0026/2018 under Section 498A/406/34 IPC, registered with PS Bindapur 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. VIBHU BAKHRU, J SEPTEMBER 27, 2019 MK