Keshu Bhargwa v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 222/2020 KESHU BHARGWA ..... Petitioner Through Mr Sushila & Mr Mahendra P. Singh, Advocates.

versus STATE & ANR.

..... Respondents Through Mr Rajesh Mahajan, ASC with Ms Shitika Vedi, Advocate.

SI Rajeshwar, P.S. Palam Village.

Mr Kamal Kishor, Advocate with Ms Neha Sharma, R-2 in person

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 24.01.2020 CRL.M.A. 1613/2020 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

W.P.(CRL) 222/2020 & CRL.M.A. 1614/2020 3.

The petitioner has filed the present petition, inter alia, praying that the FIR No. 0438/2016 under Sections 498-A/406/34 of the IPC, registered with Police Station Palam Village, Delhi and subsequent proceedings emanating therefrom, be quashed.

4.

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

present in Court and is identified by the Investigating Officer. She states that she had filed the said FIR in view of the matrimonial disputes that had arisen between her and her husband (the petitioner). She states that she has since resolved all her disputes with her husband and both of them have secured a decree of divorce dated 19.10.2019. In terms of the settlement, the petitioner has agreed to pay a sum of ₹8,85,000/-, out of which she acknowledges that she has already received a sum of ₹6,00,000/. She further states that with the receipt of the balance amount of ₹2,85,000/-, she would have no further claims against the petitioner.

5.

The petitioner is present in Court and is identified by his counsel. The petitioner has handed over a banker's cheque drawn on State Bank of India in the sum of ₹2,85,000/-. The copy of the said banker's cheque has been handed over in the Court and is taken on record. Respondent no.2 has accepted the said banker's cheque in full and final settlement of all her claims and she joins the petitioner in praying that the FIR in question be quashed. The petitioner also states that she has no grievance against respondent no.2.

6.

In view of the statements made by the petitioner and respondent no.2, this Court considers it apposite to allow the present petition. 7.

Accordingly, the petition is allowed and FIR No. 0438/2016 under Sections 498-A/406/34 of the IPC registered with Police Station Palam Village, Delhi and subsequent proceedings emanating therefrom, are quashed.

8.

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

acknowledgment of their statements recorded herein. 9.

The petition is disposed of in the aforesaid terms. 10.

Order dasti under the signature of Court Master. VIBHU BAKHRU, J JANUARY 24, 2020 pkv