Praveen Mishra And ORS v. State Of NCT Delhi And ANR

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + PRAVEEN MISHRA AND ORS ..... Petitioner Represented by:

Ms. Reeva Gujral Singhal and Mr.

Jatin, Advocates.

versus STATE OF NCT DELHI AND ANR ..... Respondent Represented by:

Ms. Jyoti Babbar, Advocate for Mr.

Rajesh Mahajan, ASC for the State with SI Naveen Kumar, PS Sunlight Colony.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 21.02.2019 Crl.M.A. No. 3894/2019 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 386/2017 under Sections 498A/406/34 IPC registered at PS Sunlight Colony, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned proxy counsel for learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the four

petitioners are the only accused and the respondent No.2 is the only complainant/ victim.

Respondent No. 2 who is present in Court and is identified by the Investigating Officer states that she has settled the matter with the petitioners before the Mediation Centre, Saket Courts on 5th December, 2017, copy whereof is annexed as Annexure-P2 to the present petition. In terms of the settlement marriage between the Petitioner No.1 and Respondent No.2/complainant has been dissolved by a decree of divorce by mutual consent. As full and final settlement of all the claims, that is, maintenance, streedhan and alimony etc. of the Respondent No. 2, the Petitioner No.1 has to pay a sum of ₹21,00,000/- to respondent No.2 out of which she has already received a sum of ₹15,00,000/- and the balance amount of ₹6,00,000/- has been received by her today in Court vide Demand Draft No. 009301 drawn on HDFC Bank dated 20th February, 2019.

She further states that she has no claim whatsoever remaining against the petitioners. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties.

pursuant thereto. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No. 386/2017 under Sections 498A/406/34 IPC registered at PS Sunlight Colony, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

FEBRUARY 21, 2019 'yo'