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High Court of DelhiW.P.(CRL)/227/2020

Pankaj & ORS. v. State & ANR.

2020-01-27Hon'Ble Mr. Justice Vibhu Bakhru3 pages

$~83 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 227/2020 PANKAJ & ORS.

..... Petitioners Through Ms Usha Singh, Advocate.

versus STATE & ANR.

..... Respondents Through Mr Sanjay Lao, ASC with Mr Karanjeet Sharma, Advocate with ASI Taj Pal, P.S. Budh Vihar.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 27.01.2020 CRL.M.A. 1701/2020 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

W.P.(CRL) 227/2020 3.

The petitioners have filed the present petition, inter alia, praying that FIR No. 011/2019 under Sections 498-A/406/34 of the IPC registered with P.S. Budh Vihar and all proceedings emanating therefrom, be quashed. 4.

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 she had filed the present 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 her husband as well as with his family members, in terms of a Memorandum of Understanding (MoU) dated 28.08.2019. She also acknowledges that in terms of the said MoU, she has received a sum of ₹3,97,000/- in full and final settlement of all her claims. She further states that in terms of the said MoU, she and her husband have secured a decree of divorce by mutual consent. She joins the petitioners that the FIR in question be quashed. 5.

The petitioners are present in Court and are identified by their counsel. They also confirm that they have resolved all their disputes with respondent no.2 and they have no grievance against her. 6.

In view of the statements made by the parties (petitioners and respondent no.2), this Court considers it apposite to allow the present petition.

7.

Accordingly, the petition is allowed and FIR No. 011/2019 under Sections 498-A/406/34 of the IPC registered with P.S. Budh Vihar and all proceedings emanating therefrom, are quashed. 8.

The concerned parties (the petitioners and respondent no.2) shall sign this order as an acknowledgment of the statements recorded herein. 9.

The petition is disposed of in the aforesaid terms.

10.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J JANUARY 27, 2020 pkv