Himanshu Luthra & ORS. v. State & ANR.

$~60 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 633/2020 HIMANSHU LUTHRA & ORS.

..... Petitioners Through:

Mr Yudhishter Sharma, Mr Rajesh Kumar Aggarwal, Ms Poonam Sharma and Ms Resham Sharma, Advocates.

versus STATE & ANR.

..... Respondents Through Mr Rajesh Mahajan, ASC for State with Ms Shrutika Vedi, Advocates.

ASI Karamvir Singh, PS North Rohini.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 05.03.2020 CRL.M.A. 4881/2020 1.

Exemption is allowed, subject to all just exceptions. 2.

The application stands disposed of.

W.P.(CRL) 633/2020 3.

The petitioners have filed the present petition, inter alia, praying that FIR bearing no. 0299/2016 under Sections 498A/406/34 of the IPC registered with PS North Rohini and all subsequent proceedings arising

therefrom, be quashed.

4.

Respondent no.2 is present in Court and is identified by the Investigating Officer.

She states that she had filed the FIR 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 with the petitioners in terms of a Memorandum of Understanding (MoU) dated 02.08.2018. In terms of the said MoU, petitioner no.1 had agreed to pay a sum of ₹1,50,000/- in full and final settlement of all her claims. She acknowledges that she has already received a sum of ₹1,00,000/- and with the receipt of the balance amount of ₹60,000/-, she would have no further claims against the petitioners. She states that the parties had agreed that she would receive further ₹10,000/- on account of delay. The petitioners and respondent no.2 have also secured a decree of divorce by mutual consent. 5.

The petitioners are present in Court and they are identified by their counsel. They have handed over ₹60,000/- in cash to respondent no.2 in Court and respondent no.2 has accepted the same in full and final settlement of all her claims. She also joins the petitioners in praying that the FIR in question be quashed. The petitioners state that they have no grievances against respondent no.2.

6.

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.

7.

Accordingly, FIR bearing no. 0299/2016 under Sections 498A/406/34 of the IPC registered with PS North Rohini and all other proceedings emanating therefrom, are quashed.

8.

The concerned parties (petitioner and respondent no.2) shall sign this order as an acknowledgement of their statements recorded herein. VIBHU BAKHRU, J MARCH 05, 2020 RK