Sh. Gaurav & ORS. v. State(NCT Of Delhi) & ANR.

$~12 *IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1128/2020 SH. GAURAV & ORS.

..... Petitioners Through:

Mr.Nishant Sharma, Advocate with the petitioners in person.

versus STATE (NCT OF DELHI) & ANR.

..... Respondents Through:

Mr. Sanjay Lao, ASC for State with SI Ranvijay Singh, P.S. Burari, Delhi.

Mr. Ajay Yadav, Advocate for R-2 with R-2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI (VIA VIDEO CONFERENCING)

O R D E R

% 27.07.2020 CRL. M.A. 9914/2020 (Exemption) 1.

Exemption is allowed, subject to the condition that the petitioners will file the duly sworn/attested affidavit within 72 hours from the date of resumption of the regular functioning of this Court. 2.

Application stands disposed of.

W.P.(CRL) 1128/2020 1.

The present petition has been filed on behalf of the petitioners seeking quashing of FIR No.0258/2017, registered under Sections 498-A/406/34 IPC at Police Station Burari, Delhi on the ground that parties have settled their disputes.

2.

Mr. Sanjay Lao, learned ASC for the State, submits that the charge sheet in the present case has been filed under the aforesaid sections against a total of 4 accused persons (the petitioners herein) and respondent No. 2 is the only complainant/victim.

3.

Learned counsels for the parties submit that the parties have amicably settled their dispute. In terms of the settlement, the parties have already been granted divorce by mutual consent. Remaining amount of Rs.1,00,000/- towards the settled amount has been paid by the petitioners to respondent No.2 by way of demand draft bearing no.028052 dated 13.07.2020 drawn on Oriental Bank of Commerce for an amount of Rs.1,00,000 and the same is duly received and acknowledged by respondent No. 2. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the petitioners.

4.

The petitioners who have joined the proceedings through the VC link are identified by their respective counsels and the Investigating Officer. 5.

Respondent No. 2 states that she has entered into the settlement agreement with the petitioners out of her own free will, volition and without any force or coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed. 6.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

7.

The parties are bound by the statements made today. 8.

In view of the above facts and since no useful purpose will be served in continuance of the proceedings which are matrimonial in nature, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed.

9.

With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J JULY 27, 2020 'dc'