Jitender Singh & ORS v. State & ANR

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 224/2018 and CRL.M.A 1288/2018 JITENDER SINGH & ORS ..... Petitioners Through Ms. Neeru Nagpal with Mr. Vishal Nagpal, Advocates.

versus STATE & ANR ..... Respondents Through Mr. Vishal Raj Sehijpal, Advocate for R-2 with SI Dinesh, PS Aman Vihar.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 09.02.2018 Parties have settled their disputes. Petitioner No. 1 and respondent No. 2 had been married as per Hindu Rites on 14.07.2013. One child was born out of their wedlock who is since expired. In terms of their settlement, parties had agreed to go in for divorce by mutual consent. First motion under Section 13B(1) of the Hindu Marriage Act was conducted on 24.10.2017. Further terms of the settlement note that a sum of Rs 3,75,000/- has to be paid by petitioner No. 1 to respondent No. 2 of which Rs. 1,25,000/- already stands paid and another sum of Rs. 1,25,000/- is being paid today in court and the balance sum of Rs 1,25,000/- will be paid at the time when parties get their second motion under Section 13B(2) of the Hindu Marriage Act. Respondent No. 2 is present. She endorses this

settlement. She states that the present FIR be quashed at this stage as her statement is that she is in need of money. A sum of Rs 1,25,000/- has been handed over to her in court. Since parties have settled their disputes, it is a fit case where the prayer made in the petition should be granted. Accordingly, to secure the ends of justice, the present FIR No.1038/2017 registered at PS Aman Vihar under Sections 498A/406/34 of the IPC and all proceedings emanating therefrom are quashed.

Petition disposed of in the above terms.

INDERMEET KAUR, J FEBRUARY 09, 2018 SU