Rajiv Verma & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 389/2020 RAJIV VERMA & ORS ..... Petitioners Through:

Counsel for the petitioners (appearance not given).

versus STATE & ANR ..... Respondents Through:

Mr Divyanshu Sharma, Advocate for Mr Avi Singh, ASC for Mr Avi Singh, Advocate for State with SI Rahul, PS Bhajanpura.

Mr Harsh Kumar, Mr Aditya Raj and Mr Aditya Kumar, Advocates for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 07.02.2020 CRL.M.A. 2878/2020 1.

Allowed, subject to all just exceptions.

W.P.(CRL) 389/2020 2.

The petitioners have filed the present petition, inter alia, praying that FIR No. 08/2012 under Sections 498A/406/34 of the IPC and Section 4 of Dowry Prohibition Act, 1961 registered with PS Bhajan Pura and all proceedings emanating therefrom, be quashed.

3.

The said FIR was registered at the instance of respondent no.2.

Respondent no.2 is present in Court and states that she had 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 with the petitioners in terms of the Settlement Agreement dated 06.02.2019, a copy of which had been placed on record.

4.

In terms of the said agreement, the petitioner no.1 had agreed to pay a sum of ₹10 lakhs in full and final settlement of all her claims. She acknowledges that she has already received a sum of ₹7 lakhs out of the aforesaid amount and would have no further claims against the petitioners on receipt of the balance amount.

She states that in terms of the said settlement, she and her husband have already secured a decree of divorce by mutual consent.

5.

The petitioners are present in Court and are identified by their counsel.

They have handed over two demand drafts for the sum of ₹1,50,000/- each, drawn on Punjab National Bank. Respondent no.2 has accepted the aforesaid demand drafts in full and final settlement of all her claims.

She joins the petitioners in praying that the FIR in question be quashed.

6.

In view of the settlement arrived at between the parties and the statements made by them, this Court considers it apposite to allow the present petition.

7.

Accordingly, FIR No. 08/2012 under Sections 498A/406/34 of the IPC and Section 4 of Dowry Prohibition Act, 1961 registered with PS Bhajan Pura and all proceedings emanating therefrom, are quashed.

8.

The concerned parties (petitioners and respondent no.2) shall sign this order as an acknowledgment of their statements recorded herein. VIBHU BAKHRU, J FEBRUARY 07, 2020 MK