Piyush Narvan & ORS v. The State Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 505/2020 PIYUSH NARVAN & ORS ..... Petitioners Through:

Mr Sunil Kumar Agarwal and Ms Neelam Agarwal, Advocates.

Versus

THE STATE OF NCT OF DELHI & ANR ..... Respondents Through:

Mr Rajesh Mahajan, ASC for State with Ms Jyoti Babbar, Advocate for State.

SI Babu Lal, PS S.J. Enclave.

Mr Sandeep Jain, Advocate for R-2 along with respondent no. 2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 19.02.2020 CRL.M.A. 3773/2020 and CRL.M.A. 3774/2020 1.

Exemptions are allowed, subject to all just exceptions. 2.

The applications are disposed of.

W.P.(CRL) 505/2020 3.

The petitioners have filed the present petition, inter alia, praying that FIR bearing no. 0310/2018 under Sections 498A/406/34 of the IPC registered with Police Station Safdarjung Enclave and all proceedings emanating therefrom, be quashed.

4.

The said FIR was registered at the instance of respondent no.2. She is present in Court and is identified by the Investigating Officer. She states that she had filed the present FIR in view of matrimonial disputes that had arisen between her and petitioner no.1.

5.

She states that she has since resolved all her disputes in terms of the settlement dated 19.01.2019 arrived at before the Mediation Centre, Saket Courts, New Delhi and a copy of the same has been placed on record. She states that in terms of the said settlement, she and petitioner no.1 had decided to separate and have since secured a decree of divorce by mutual consent.

She also states that petitioner no.1 had agreed to pay a sum of ₹16,00,000/- in full and final settlement of all her claims. She acknowledges that she had already received a sum of ₹12,00,000/- and states that with the receipt of the balance sum, that is ₹4,00,000/-, she would have no further claims against the petitioners.

6.

The petitioners are present in Court and are identified by their counsel. The petitioners have handed over a demand draft in the sum of ₹4,00,000/- to respondent no.2 and she has received the same in full and final settlement of all her claims. A photocopy of the said demand draft is handed over and the same is taken on record. The petitioners also state that they have no grievances against respondent no.2. 7.

In the given circumstances, this Court considers it apposite to allow the present petition.

8.

Accordingly, FIR bearing no. 0310/2018 under Sections 498A/406/34 of the IPC, registered with Police Station Safdarjung Enclave and all

proceedings emanating therefrom, are quashed. 9.

The concerned parties (petitioners and respondent no.2) shall sign this order as an acknowledgement of their statements recorded herein. 10.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J FEBRUARY 19, 2020 RK