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High Court of DelhiW.P.(CRL)/1095/2019

Jaspal Singh & ORS. v. State & ANR.

2020-02-17Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~66 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1095/2019 JASPAL SINGH & ORS.

..... Petitioners Through:

Mr Mukesh Singh, Advocate along with petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Mr Karanjeet Rai Sharma, Advocate for Mr Sanjay Lao, ASC for State with SI Vinod Kumar, PS Tilak Nagar.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 17.02.2020 1.

The petitioners have filed the present petition, inter alia, praying that FIR No.0094/2018 under Sections 498A/406/34 of the IPC registered with PS Tilak Nagar and all proceedings emanating therefrom, be quashed. 2.

The said FIR was registered at the instance of respondent no.2. Respondent no.2 is not present in the Court as she residing overseas but her mother (Mrs Nirmal Kaur), is present in Court and is identified by the investigating officer. Mrs Kaur has handed over a Special Power of Attorney executed by respondent no.2 authorising her to make statements on her behalf. The Special Power of Attorney is taken on record. 3.

Mrs Kaur states that respondent no.2 had filed the said FIR in view of matrimonial disputes that had arisen between her and her husband (petitioner no.1).

She states that the parties have since resolved their disputes in terms of the Settlement Deed dated 28.04.2018. In terms of the

said settlement, petitioner no.1 had agreed to pay an aggregate sum of ₹2,55,000/- in full and final settlement of all her claims. She further states that respondent no.2 and petitioner no.1 had secured a decree of divorce by mutual consent and respondent no.2 has no grievances against the petitioners.

She joins the petitioner in praying that FIR in question be quashed.

4.

The petitioners are present in the Court and are identified by their counsel. They state that they have no grievances against respondent no.2 and pray that the FIR in question be quashed.

5.

In view of the statements made by or behalf of the concerned parties, this Court considers it apposite to allow the present petition. 6.

Accordingly, FIR No.0094/2018 under Sections 498A/406/34 of the IPC registered with PS Tilak Nagar and all proceedings emanating therefrom, are quashed.

7.

The concerned parties (petitioners and SPA holder of respondent no.2) shall sign this order as an acknowledgment of the statements recorded herein.

VIBHU BAKHRU, J FEBRUARY 17, 2020/MK