Sh. Vipin Rawat & ORS. v. State & ANR.

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 462/2020 SH. VIPIN RAWAT & ORS.

..... Petitioners Through: Mr. Raghav M., Advocate alongwith petitioner in person.

Versus

STATE & ANR.

..... Respondents Through: Ms. Manjeet Arya, APP for State with W/SI Geeta Mr. Sunil Dalal, Advocate with Mr. Rahul Dabas, Advocate alongwith respondent No. 2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 28.01.2020 CRL.M.A. 1932/2020 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CRL.M.C. 462/2020 & CRL.M.A. 1931/2020 (Stay) 1.

The present proceedings are instituted seeking quashing of FIR No. 255/2018 under Sections 498-A/406/34 IPC registered at Police Station Rani Bagh, Delhi on the ground that parties have settled their disputes. 2.

Ms. Manjeet Arya, learned APP for the State submits that the chargesheet has been filed under the aforesaid sections against the petitioners and respondent No.2 is the only complainant/victim. 3.

The petitioners and respondent No.2, who are present in person, are identified by their respective counsels and the Investigating Officer. 4.

The counsel for the petitioner submits that they have entered into a settlement on 16.04.2019. A copy of the same is annexed as Annexure-B CRL.M.C. 462/2020

with the petition. In terms of the settlement the parties have already been granted divorce by mutual consent vide decree of divorce dated 27.11.2019. A copy of the same is annexed as Annexure-C with the petition. As per the settlement petitioners have paid remaining amount of Rs.3,00,000/- to respondent No.2 by way of demand draft bearing No. 502097 dated 27.01.2020 drawn on ICICI Bank. In terms of the settlement respondent No. 2, is now, left with no claim whatsoever against the petitioners. 5.

Respondent No. 2, who is present in Court, states that she has entered into the settlement agreement with her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed.

6.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

7.

The parties are bound by the statements made in Court today. 8.

In view of the facts and since the disputes are matrimonial in nature, no useful purpose will be served in continuance of the proceedings, it is hereby directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed.

9.

The petition stands disposed of along with the pending application. 10.

Order dasti to the counsel for the petitioners. MANOJ KUMAR OHRI, J JANUARY 28, 2020/p'ma CRL.M.C. 462/2020