Vaibhav Pasricha & ORS. v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3245/2019 & CRL.M.A. 40656/2019 VAIBHAV PASRICHA & ORS.

..... Petitioners Through:

Mr A. K. Babbar, Advocate.

versus STATE & ANR.

..... Respondents Through:

Mr Rajesh Mahajan, ASC for State with SI Vikram, PS Vikas Puri.

Ms Swaty Singh Malik, Advocate for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 29.11.2019 1.

The petitioners have filed the present petition, inter alia, praying that FIR No.0006/2018 under Sections 498A/406/34 of the IPC, registered with PS Vikaspuri and all proceedings emanating therefrom, be quashed. 2.

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. She states that the said FIR in question was lodged in view of matrimonial disputes which had arisen between her and petitioner no. 1. 3.

She states that she has since resolved all her disputes in terms of the Settlement Deed dated 27.08.2019 and she has no grievance against the petitioners. She states that she and petitioner no. 1 have secured a decree of divorce by mutual consent and she has no further grievance against the petitioners.

4.

The petitioners had agreed to pay a sum of ₹48,00,000/- to respondent no. 2 in full and final settlement of all her claims. She states that she has received a sum of ₹31,00,000/- and with the receipt of the balance amount of

₹17,00,000/-, she would have no further claims against the petitioners. 5.

Petitioner nos. 1 and 3 are present in Court and are identified by their counsel. They state that petitioner no. 2 has been unable to come to Court today as he has undergone a hip surgery.

6.

Petitioner no. 5 is represented by petitioner no. 3 and petitioner no. 4 is represented by her authorized representative, Mr Vijay Thakur. The petitioners state that they have no grievances against respondent no. 2. 7.

The petitioners have also handed over a demand draft for a sum of ₹17,00,000/- drawn on ICICI Bank Ltd. A copy of the same has been placed on record as Annexure P-5. The said demand draft is accepted by respondent no. 2 in full and final settlement of all her claims. 8.

In view of the statements made by the petitioners/and on their behalf and respondent no.2, this Court considers it apposite to allow the present petition.

9.

Accordingly, FIR No.0006/2018 under Sections 498A/406/34 of IPC and all proceedings emanating therefrom, are quashed. 10.

The concerned parties/their representatives shall sign this order as an acknowledgment of the statements recorded herein. 11.

The pending application is disposed of.

VIBHU BAKHRU, J NOVEMBER 29, 2019/MK