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High Court of DelhiW.P.(CRL)/658/2020

Akshay Gupta & ANR. v. State & ANR.

2020-03-12Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~7 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 658/2020 AKSHAY GUPTA & ANR.

..... Petitioners Through:

Mr Girish Kumar, Advocate.

versus STATE & ANR.

..... Respondents Through:

Ms Charu Chaudhary, Advocate for Ms Richa Kapoor, ASC for State.

SI Jagdish, PS Bindapur.

Ms Shweta Bakshi, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 12.03.2020 1.

The petitioners have filed the present petition, inter alia, praying that FIR bearing no. 0426/2018 under Sections 498A/406/34 of the IPC registered with PS Binda Pur 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 is identified by the Investigating Officer.

3.

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 petitioner no.1 and they have secured a decree of divorce by mutual consent. She states that in terms of the settlement arrived at between her and her husband, she had agreed to accept a sum of ₹8,00,000/- as full and final settlement against all her claims. She acknowledges that out of the aforesaid amount, a sum of

₹6,00,000/- has already been received by her and states that on receipt of the balance amount of ₹2,00,000/-, she would have no further claims against the petitioners.

4.

The petitioners are present in Court and are identified by their counsel. They handed over a demand draft for a sum of ₹2,00,000/- drawn on J&K Bank bearing no. 020013 dated 05.03.2020 to respondent no.2. She has accepted the same in full and final settlement of all her claims and joins the petitioners in praying that the FIR in question be quashed. The petitioners also state that there have no grievances against respondent no.2. 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 bearing no. 0426/2018 under Sections 498A/406/34 of the IPC registered with PS Binda Pur and all proceedings emanating therefrom, are quashed.

7.

The concerned parties (petitioners and respondent no.2) shall sign this order as an acknowledgement of their statements recorded herein. VIBHU BAKHRU, J MARCH 12, 2020/RK