Dinesh Vashishth & ORS v. The State & ANR

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 993/2020 DINESH VASHISHTH & ORS ..... Petitioners Through:

Mr.Sahil Munjal, Mr.Rhea Gandhi, Mr.Prateek Goswami and Mr.Shashank Goswami, advocates with the petitioners in person.

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

Ms.Manjeet Arya, APP for State with SI Arvind Kumar, P.S. M.S.Park, Delhi.

Counsel for R-2 (appearance not given) with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 24.02.2020 Crl.M.A.No.4021/2020 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 993/2020 and Crl.M.A.No.4020/2020 (Stay) 1.

The present proceedings are instituted seeking quashing of FIR No. 0236/2013, registered under Sections 406/498-A/506/34 IPC at P.S. Mansarovar Park, Delhi, on the ground that parties have settled their disputes.

2.

Ms.Manjeet Arya, learned APP for the State, submits that the charge sheet in the present case has been filed against the petitioners under the aforesaid sections and respondent No. 2 is the only complainant/victim. 3.

Learned counsels for the parties submit that the parties have amicably settled their disputes for a total sum of Rs.50 lacs vide settlement agreement dated 24.04.2019, a copy of which is placed on record as Annexure P-2. Out of the aforesaid settled amount of Rs.50 lacs, an amount of Rs.30 lacs has already been paid by the petitioners to respondent No.2 and the remaining and balance amount of Rs.20 lacs has been paid to her today in Court by way of demand draft bearing No.992134 dated 20.02.2020 drawn on Kotak Mahindra Bank in favour of Kamini Kaushik (respondent No.2 herein). In terms of the said settlement agreement, the parties have already been granted divorce by mutual consent vide decree of divorce dated 09.10.2019 passed by the Principal Judge, Family Court, Rohini Courts, Delhi in HMA No.2304/19 and now respondent No. 2 is left with no claim or grievance whatsoever against the petitioners.

4.

The petitioners and respondent No.2, present in person, have been identified by the Investigating Officer as well as their respective counsels. 5.

Respondent No. 2, present in person, states that she has entered into the settlement agreement with the petitioners out her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed. 6.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

7.

The parties are bound by the statements made in Court today.

8.

In view of the above facts and since no useful purpose will be served in continuance of the proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed. 9.

With the above directions, the petition is disposed of. 10.

Copy of the order be given dasti to the learned counsels for the parties.

MANOJ KUMAR OHRI, J FEBRUARY 24, 2020 'dc'