Sarvesh & ORS v. The State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 99/2020 SARVESH & ORS ..... Petitioners Through Mr Man Mohan Goel, Ms Vishalakshi Goel, Advocates.

versus THE STATE & ANR ..... Respondents Through Mr Piyush Singhal, Advocate for Mr Ashish Aggarwal, ASC for state.

ASI Anil Kumar, P.S. Begum Pur present.

Ms Bhawna respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 15.01.2020 CRL.M.A. 670/2020 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

W.P.(CRL) 99/2020 3.

The petitioners have filed the present petition, inter alia, praying that FIR bearing No. 294/2018 under Sections 498-A/406/34 of the IPC registered with PS Begum Pur and all proceedings emanating therefrom, be quashed.

4.

The FIR was registered at the instance of respondent no.2. She is

present in Court and is identified by the Investigating Officer. Respondent no.2 states that she had filed the FIR in view of matrimonial disputes that had arisen between her and her husband (petitioner no.1). She states that she has since resolved all her disputes with petitioner no.1 and they have secured a decree of divorce by mutual consent. She states that in terms of the settlement arrived at between them, the petitioner no.1 is required to pay a sum of ₹2,50,000/- to her as full and final settlement of all her claims. 5.

She acknowledges that she has already received a sum of ₹1,75,000/- from the petitioner and with the receipt of the balance amount of ₹75,000/-, all her claims would be satisfied.

6.

The petitioners have today handed over a demand draft of ₹75,000/- made by the Central Bank of India. A copy of the said demand draft is enclosed with the present petition as Annexure-F. Respondent no.2 has accepted the said demand draft in full and final settlement of all her claims. With the receipt of the said payment, respondent no.2 joins the petitioners in praying that the FIR in question be quashed.

7.

The petitioners are present in Court and are identified by their counsel. They confirm that they have resolved all their disputes with respondent no.2.

8.

In view of the statements made hereinabove, this Court considers it apposite to allow the present petition.

9.

Accordingly, FIR bearing No. 294/2018 under Sections 498-A/406/34 of the IPC registered with Police Station Begum Pur and all proceedings

emanating therefrom, are quashed.

10.

The concerned parties (petitioners and respondent no.2) shall sign this order as an acknowledgement of the statements recorded herein. VIBHU BAKHRU, J JANUARY 15, 2020 pkv