Mohd. Inshrarul Haq @ Israrul Haq & ORS. v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 488/2020 MOHD. INSHRARUL HAQ @ ISRARUL HAQ & ORS.

..... Petitioners Through:

Mr Vihay Kinger and Mr Varun Pawar, Advocates.

versus STATE & ANR.

..... Respondents Through:

Mr Divyanshu Sharma, Advocate for Mr Avi Singh, ASC for State with SI Nagender Nagar, PS Govindpuri.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 18.02.2020 CRL.M.A. 3687/2020 1.

Allowed, subject to all just exceptions.

W.P.(CRL) 488/2020 2.

The petitioners have filed the present petition, inter alia, praying that FIR No.0127/2018 under Sections 498A/406/34 of the IPC registered with PS Govind Puri 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 the Court and is identified by the Investigating Officer. She 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 and she and petitioner no.1 have since divorced.

4.

The petitioner has placed on record a Settlement Deed dated 14.01.2020 and in terms of the said settlement, the petitioners were required to pay a sum of ₹1,60,000/- to respondent no.2. Respondent no.2 acknowledges that she has received a sum of ₹60,000/- and states that on receipt of the balance amount of ₹1,00,000/-, she would have no further claims against the petitioners.

5.

The petitioners are present in the Court and are identified by their counsel. They have handed over a sum of ₹1,00,000/- in cash to respondent no.2. She accepted the said payment in full and final settlement of all her claims.

The petitioners state that they have no grievances against respondent no.2. Both the parties jointly pray that the FIR in question be quashed.

6.

In view of the statement made by the concerned parties (petitioners and respondent no.2), this Court considers it apposite to allow the present petition.

7.

Accordingly, FIR No.0127/2018 under Sections 498A/406/34 of the IPC registered with PS Govind Puri and all proceedings emanating therefrom, are quashed.

8.

The concerned parties (petitioners and respondent no.2) shall sign this order as an acknowledgment of the statements recorded herein.

9.

The petitioners are at liberty to apply for return of the original documents filed along with the petition and substitute the same with their certified copies.

VIBHU BAKHRU, J FEBRUARY 18, 2020 MK