Parveen Kumar & ORS v. The State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 598/2020 PARVEEN KUMAR & ORS ..... Petitioners Through:

Mr M.

K.

Kaushik, Advocate alongwith petitioners in person.

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

Mr Amanpreet Singh, Advocate for Mr Rahul Mehra, Standing Counsel for State with SI Saomvir Singh, PS Alipur.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 02.03.2020 1.

The petitioners have filed the present petition, inter alia, praying that FIR No. 0413/2018 under Sections 498A/406/34 of the IPC registered with PS Alipur and all proceedings emanating therefrom, be quashed. 2.

The said FIR was registered at the instance of respondent no.2. Respondent no. 2 is present in Court and states that she has filed the aforesaid FIR in question in view of matrimonial disputes that had arisen between her and her husband (petitioner no.1). She states that she has since resolved all her disputes and she and petitioner no. 1 have secured a decree of divorce by mutual consent. A copy of the said decree has been placed on record.

3.

She also confirms that she had entered into a settlement before the Counselling Cell, Family Courts and in terms of the said settlement, petitioner no.1 had agreed to pay her a sum of ₹5 lakhs as full and final

settlement of all her claims. She acknowledges that she has already received a sum of ₹4 lakh out of the aforesaid amount and with the receipt of the balance amount of ₹1 lakh, she would have no further grievances or claims against the petitioners.

4.

The petitioners are present in the Court and are identified by their counsel. They have handed over a demand draft in the sum of ₹1 lakh. A copy of the said demand draft has been placed on record. Respondent no.2 acknowledges the same as full and final settlement of all her claims. She joins the petitioners in praying that the FIR in question be quashed. 5.

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

6.

Accordingly, FIR No. 0413/2018 under Sections 498A/406/34 of the IPC registered with PS Alipur and all proceedings emanating therefrom, are quashed.

7.

The concerned parties (petitioners and respondent no.2) shall sign this order as an acknowledgment of their statements recorded herein. VIBHU BAKHRU, J MARCH 02, 2020/MK