Kapil Moolchandani & ORS. v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3058/2019 KAPIL MOOLCHANDANI & ORS.

..... Petitioners Through Mr Vishnu Sharma, Advocate.

versus STATE & ANR.

..... Respondents Through Ms. Kamna Vohra, ASC (Crl.) GNCTD for State.

Mr. Rajender Singh Rajput, Adv.

Mr. G. B. Sewak and Mr. Rajkumar Tomar, Advocates for R2.

ASI Satya Pal Singh, PS Pandav Nagar.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 31.10.2019 Crl. M.A. No.39322/2019 1.

Allowed, subject to all just exceptions.

2.

This application is disposed of.

W.P.(Crl.) No.3058/2019 3.

The petitioners have filed the present petition, inter alia, praying that FIR No.449/2016 under Sections 498-A/406/354/34 IPC, registered with PS

Pandav Nagar and all proceedings emanating therefrom, be quashed. 4.

The present petition is predicated on the settlement dated 28.02.2019 arrived at between petitioner no.1 and respondent no.2. 5.

The petitioners are present in Court and are identified by their counsel. The respondent no.2 is also present in Court and is identified by the Investigating Officer.

6.

The petitioners and respondent no.2 state that they have resolved all their inter se disputes. Respondent no.2 further states that she does not wish to pursue the FIR in question against the petitioners. She states that the disputes had arisen in view of the matrimonial differences between her and her husband/petitioner no.1. They have since divorced in terms of a Decree of Divorce granted by mutual consent. The petitioners and respondent no.2 were referred to mediation, wherein respondent no.2 agreed to accept a sum of ₹17,000/- as litigation expenses as full and final settlement of the case. 7.

The petitioners have handed over a Demand Draft for the sum of ₹17,000/- to respondent no.2. She acknowledges the same and states that she has now no grievance or claim against the petitioners. The petitioners also state that they have no grievance against respondent no.2. 8.

In view of the settlement arrived at between the concerned parties (petitioners and respondent No.2), this Court considers it apposite to allow the present petition. Accordingly, the FIR No.449/2016 under Sections 498A/406/354/34 IPC, registered with PS Pandav Nagar and all proceedings

emanating therefrom, are quashed.

7.

The petitioners and respondent no.2 shall sign this order as an acknowledgement of their statements recorded herein. VIBHU BAKHRU, J OCTOBER 31, 2019 DR