Gaurav Lamba & ORS. v. State & ANR.

$~67 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 502/2020 GAURAV LAMBA & ORS.

..... Petitioners Through Mr Rohit Kumar, Mr Nalin Kaushik, Advocates with all petitioners.

versus STATE & ANR.

..... Respondents Through Mr Karan Jeet Rai Sharma, Advocate for Ms Kamna Vohra, ASC for State.

SI Akash, P.S. Kapeshera, present.

Mr Lal Singh Thakur, Mr Gaurav Sharma, Mr Nishant Sharma, Mr Tarun Rai, Advocates for R2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 24.02.2020 CRL.M.A. 3769/2020 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

W.P.(CRL) 502/2020 3.

The petitioners have filed the present petition, inter alia, praying that FIR No. 344/2016, under Sections 498A/406/34 of the IPC, registered with PS Kapashera 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 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 the said disputes with her husband in terms of the settlement dated 24.05.2019.

5.

In view of the said settlement dated 24.05.2019, petitioner no.1 is required to pay a sum of ₹9,00,000/- to respondent no.2. She acknowledges that she has already received a sum of ₹6,00,000/- out of the aforesaid amount and with the receipt of the balance sum of ₹3,00,000/-, she would have no further claims against the petitioners. She also states that in terms of the said settlement, she and her husband have secured a decree of divorce by mutual consent.

6.

The petitioners are present in Court and are identified by their counsel. They have handed over a demand draft for a sum of ₹3,00,000/- made on the Oriental Bank of Commerce. A photocopy of the said demand draft is placed on record. Respondent no. 2 has accepted the said demand draft in full and final settlement of all her claims. She states that she has no further grievance against the petitioners and joins the petitioners in praying that the FIR in question be quashed. The petitioners also state that they have no grievances against respondent no.2.

7.

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

8.

Accordingly, FIR No. 344/2016, under Sections 498A/406/34 of the IPC registered with PS Kapashera and all proceedings emanating therefrom, are quashed.

9.

The petition is, accordingly, disposed of.

10.

The concerned parties (petitioners and respondent no.2) shall sign this order as an acknowledgement to the statements recorded herein. VIBHU BAKHRU, J FEBRUARY 24, 2020 pkv