Sumit Chhabra & ORS v. The State & ANR

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SUMIT CHHABRA & ORS ..... Petitioner Represented by:

Mr. Kamal Sethi, Adv.

versus THE STATE & ANR ..... Respondent Represented by:

Ms. Nandita Rao, ASC for Ms.

Kamna Vohra, ASC with WASI Rosuni Sharma PS Nanakpura.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 15.03.2019 Crl.M.A. 5692/2019 Exemption allowed subject to just exceptions. By the present petition the petitioners seek quashing of FIR No. 166/2016 under Sections 498A/406/34 IPC registered at PS Nanakpura, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the three petitioners are the only accused and respondent No.2 the only complainant/ victim.

Respondent No. 2 is present in Court and is identified by the Investigating Officer. She states that she has settled the matter with the petitioners before the Mediation Centre, Dwarka Courts on 14th May, 2018 pursuat whereto divorce by mutual consent has been granted between the petitioner No.1 and respondent No.2. In lieu of all her claims of maintenance, istridhan, alimony, etc., respondent No.2 is to receive a total sum of ₹25 lakhs out of which she has already received ₹20 lakhs and the balance amount of ₹5 lakhs has been received by her today in Court by way of demand draft No. '511037' drawn on ICICI Bank. She states that she has now no claim against the petitioners and does not wish to pursue the abovenoted FIR and the proceedings pursuant thereto.

She also undertakes to abide by the terms of settlement arrived at between the parties. 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. In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No. 166/2016 under Sections 498A/406/34 IPC registered at PS Nanakpura, 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.

MARCH 15, 2019 'ga'

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) No.396/2016 THE UNIWORLD GARDEN APARTMENT OWNERS ASSOCITION ..... Petitioner Represented by: Ms.Meghna Mishra, Mr.Jatin Mongia, Mr.Rohan Sharma, Mr.Dheeraj Deo and Mr.Raghuveer Kapur, Advocates.

versus UNITECH REALITY PRIVATE LTD.

..... Respondent Represented by: Ms.Samprikta Ghosal, Advocate

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 15.03.2019 Rev.Pet.238/2018, IA Nos.8007-10/2018 in CS(OS) No.396/2016 On request of learned counsel for the defendant/applicant, who seeks time to place on record the chart with regard to the principle and computation of the interest amount with advance copy to learned counsel for the plaintiff, who may also file a chart of calculations, list on 12th July, 2019. MUKTA GUPTA, J.

MARCH 15, 2019 da