Mr. Karan Bahri & ORS. v. State & ANR.

$~56.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + MR. KARAN BAHRI & ORS.

..... Petitioners Through: Mr. S. Bharti, Advocate versus STATE & ANR.

..... Respondents Through: Ms. Manjeet Arya, APP for State with SI Vijay Kumar, P.S. Prashant Vihar

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 07.02.2020 CRL.M.A. 2922/2020 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

1.

The present proceedings are instituted seeking quashing of FIR No.548/2013 under Sections 498A/406/34 IPC registered at Police Station Prashant Vihar, Delhi on the ground that the parties have settled their disputes.

2.

Learned counsel for the petitioners submits that the petitioners are residents of Mumbai and petitioners No.2 to 4 who are old aged parents and sister of petitioner No.1, who were in Delhi, had to urgently leave and could not remain present in the Court today. Petitioner No.1 is present in person. 3.

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.

4.

Learned counsels for the parties submit that the parties have amicably settled their dispute vide Settlement Deed-Cum-MOU dated 29.04.2019. A copy of the same is annexed as Annexure P-5 with the petition. In terms of the settlement, the parties have already been granted divorce by mutual consent vide decree of divorce dated 05.12.2019. A copy of the same is annexed as Annexure P-7. A demand draft bearing No.005196 dated 01.02.2020 drawn on HDFC Bank in the sum of Rs.1,00,000/- towards the balance settled amount has been handed over by petitioner No.1 to respondent No.2 today in Court, which has been duly received and accepted by her. After receiving the said amount, respondent No.2 is now left with no claim or grievance against the petitioners.

5.

Petitioner No.1, who is present in person, is identified by his counsel and the Investigating Officer. Respondent No.2, who is also present in person, is also identified by the Investigating Officer. 6.

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.

7.

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

8.

The parties are bound by the statements made in Court today. 9.

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.

10.

The petition stands disposed of accordingly.

11.

Copy of the order be given dasti to the learned counsel for the parties. MANOJ KUMAR OHRI, J FEBRUARY 07, 2020 na