Mr. Amit Nischal & ORS v. The State & ANR

$~32 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1078/2019 MR. AMIT NISCHAL & ORS ..... Petitioners Through:

Ms Mamta Patel, Advocate.

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

Ms Shivani Sharma, Advocate for Ms Richa Kapoor, ASC for State.

ASI Ram Pal, PS Vikas Puri.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 18.11.2019 1.

The petitioners have filed the present petition, inter alia, praying that FIR bearing no. 0523/2017, under Sections 498A/406/34 of the IPC, registered with P.S. Vikaspuri and all proceedings emanating therefrom, be quashed.

2.

The said FIR was filed at the instance of respondent no. 2. Respondent no. 2 is present in Court and is identified by the Investigating Officer. She states that she has resolved all her differences with the petitioners. She further states that she has entered into a Memorandum of Understanding dated 21.10.2018 with petitioner no. 1 and had thereby agreed to settle all her claims for a consideration of ₹1,00,000/-. She further acknowledges that the said amount has been received by her. 3.

She submits that the FIR in question was filed in view of matrimonial disputes that had arisen between respondent no. 2 and petitioner no. 1. Since

all disputes have been resolved and the parties are now divorced, she also joins the petitioners in praying that the FIR in question be quashed. 4.

The petitioners are also present in Court and are identified by their counsel. They state that they have no grievances and claims against respondent no. 2 and they have settled that all their disputes with her. 5.

In view of the above, the present petition is allowed and FIR No. 0523/2017, under Sections 498A/406/34 of the IPC, registered with P.S. Vikaspuri and all proceedings emanating therefrom, are quashed. 6.

The petitioners and respondent nos. 2 shall sign this order as an acknowledgement of their statements recorded herein. VIBHU BAKHRU, J NOVEMBER 18, 2019/RK