Om Prakash Jha & ORS. v. The State (NCT Of Delhi ) & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 216/2020 OM PRAKASH JHA & ORS.

..... Petitioners Through:

Mr Amit Manchanda, Advocate alongwith petitioners in person.

versus THE STATE (NCT OF DELHI) & ANR.

..... Respondents Through:

Mr Sanjay Lao, ASC for Ms Kamna Vohra, ASC for State with SI Vipin Teotia, Ps Khajuri Khas.

Ms Yamini Mishra, Advocate for R-2 alongwith R-2 in person.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 24.01.2020 CRL.M.A. 1591/2020 1.

Allowed, subject to all just exceptions.

W.P.(CRL) 216/2020 2.

The petitioners have filed the present petition, inter alia, praying that FIR No.0138/2018 under Sections 498A/406/34 of the IPC, registered with PS Khajuri Khas and all proceedings emanating therefrom, be quashed. 3.

The said FIR was registered at the instance of respondent no.2. She is present in the 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 (petitioner no.1). She states that she has since resolved all her disputes and differences with petitioner no.1 in terms of a settlement arrived at between the parties on 04.10.2018 before the Delhi Mediation Centre, Karkardooma Courts. The said settlement has also been placed on record. In terms of the said settlement, petitioner no.1 had agreed to pay a sum of ₹22,50,000/- to respondent no.2 in full settlement of all her claims as well as claims of her daughter. Respondent no.2 acknowledges that she had already received a sum of ₹17,50,000/- out of the aforesaid amount and with the receipt of balance sum of ₹5,00,000/-, she would have no further claims against the petitioners.

4.

The petitioners have today handed over a demand draft for a sum of ₹5,00,000/- issued by ICICI bank. A copy of the said demand draft has also been placed on record. Respondent no.2 has accepted the same in full and final settlement of all her claims and joins the petitioners in praying that the FIR in question be quashed.

5.

The petitioners are present in the Court and are identified by their counsel. They also state that they have no grievances against respondent no.2.

6.

In view of the statement made by the concerned parties (petitioners and respondent no.2), this Court considers it apposite to allow the present petition. Accordingly, FIR No. 0138/2018 under Sections 498A/406/34 of the IPC, registered with PS Khajuri Khas and all proceedings emanating therefrom, are quashed.

7.

The concerned parties (petitioners and respondent no.2) shall sign this order as an acknowledgment of their statements recorded herein. VIBHU BAKHRU, J JANUARY 24, 2020/MK