Love Singhal & ORS v. The State (NCT Of Delhi) & ANR
$~85 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 231/2020 LOVE SINGHAL & ORS ..... Petitioners Through Mr Apoorv Kumar Sharma, Mr Anuj Sharma, Advocates.
versus THE STATE (NCT OF DELHI) & ANR ..... Respondents Through Mr Sanjay Lao, ASC with Mr Karanjeet Sharma, Advocate with SI Gaurav, P.S. Rani Bagh present.
Mr Bhupender M. Sharma, Mr Rohit, Advocate for R2.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
O R D E R
% 27.01.2020 CRL.M.A. 1718/2020 1.
Allowed, subject to all just exceptions.
2.
The application is disposed of.
W.P.(CRL) 231/2020 3.
The petitioners have filed the present petition, inter alia, praying that FIR No. 464/2016 under Sections 498-A/406 of the IPC registered with PS Rani Bagh (North West) and all 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 has filed the said 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 in terms of a Settlement Agreement dated 05.10.2018. She further states that she and her husband have also secured a decree of divorce my mutual consent.
5.
In terms of the said Settlement Agreement dated 05.10.20218, petitioner no.1 has agreed to pay a sum of ₹1,60,00,000/- to respondent no.2 in full and final settlement of all her claims. Respondent no.2 acknowledges that she had already received a sum of ₹1,20,00,000/- and would have no claims against the petitioners with the receipt of the balance amount of ₹40,00,000/-.
6.
The petitioners have today handed over a banker's cheque made by the State Bank of India for a sum of ₹40,00,000/- to respondent no.2. A photocopy of the said banker's cheque has been handed over to this Court and the same is taken on record. Respondent no.2 acknowledges the receipt of the same as full and final settlement of all her claims. She 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 and have no grievance against respondent no.2.
8.
Petitioner no.4 is present in Court and states that he is authorized and competent to make statement on behalf of petitioner nos. 1 to 3. It is stated that petitioner nos. 1 to 3 have been unable to come to the Court today because petitioner no.1 is overseas and petitioner no.2 is admitted to
hospital. Petitioner no.4 states that the petitioners have no grievances against respondent no.2.
9.
In view of the statements/undertakings made by the concerned parties (petitioner no.4 and respondent no.2) this Court considers it apposite to allow the present petition.
10.
Accordingly, FIR No. 464/2016 under Sections 498-A/406 of the IPC registered with PS Rani Bagh (North West) and all proceedings emanating therefrom, are quashed.
11.
The concerned parties (petitioner no.4 and respondent no.2) shall sign this order as an acknowledgment of the statements recorded herein. 12.
The petition is disposed of in the aforesaid terms. VIBHU BAKHRU, J JANUARY 27, 2020 pkv