Sh. Govind Singh Rawat v. State & ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 766/2019 SH. GOVIND SINGH RAWAT ..... Petitioner Through:
Mr Ankit Tandon, Mr Atul Sharma and Mr Rahul Meena, Advocates.
versus STATE & ANR.
..... Respondents Through:
Mr Tanuj Bhadana, Advocate.
SI Ajit, PS Mandawali, Advocate.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
O R D E R
% 21.10.2019 1.
The petitioners have filed the present petition, inter alia, praying that FIR bearing no. 312/2018, under Sections 498/406/34 of the IPC registered with P.S. Mandawali Fazalpur and all proceedings emanating therefrom, be quashed. The said FIR was registered at the instance of respondent no.2. 2.
The petitioners are present in Court and are identified by their counsel. Respondent no.2 is also present in Court and is identified by the Investigating Officer.
3.
Respondent no.2 states that she has resolved all her disputes and differences with the petitioner. She states that she had also entered into a settlement with petitioner no.1 (her husband) before the Delhi Mediation Centre, Karkardooma, Delhi on 22.11.2018 in HMA 527/2018. In terms of the said settlement, she had agreed to accept a sum of ₹3,50,000/- in full and final settlement of all her claims and disputes. 4.
The settlement has been placed on record and the same indicates that the respondent had received the said amount of ₹3,50,000/- in two
instalments. A sum of Rs.1,50,000/- at the time of recording of the statement during the first motion for divorce by mutual consent and a sum of ₹2,00,000/- at the time of second motion of divorce. It is stated that divorce by mutual consent has since been granted by the concerned court. 5.
Respondent no.2 that she has received a sum of ₹2,50,000/- and is yet to receive a sum of ₹1,00,000/-. The petitioner has handed over a manager's cheque bearing no. 001165 drawn on HDFC Bank, for a sum of ₹1,00,000/- to respondent no.2, she has accepted a sum in full and final settlement of the claims.
6.
Respondent no.2 have also returned a banker's cheque which was issued earlier. The petitioners as well as respondent no.2 state that they have no further grievance against each other and jointly pray that the FIR in question be quashed.
7.
In view of the above, the petition is allowed and FIR bearing no. 312/2018, under Sections 498/406/34 of the IPC registered with P.S. Mandawali Fazalpur and all proceedings emanating therefrom, are quashed. 8.
The concerned parties (petitioners and respondent no.2) shall sign this order as an acknowledgement of their statements recorded herein. VIBHU BAKHRU, J OCTOBER 21, 2019/RK