Karan Malik & ORS v. The State & ANR.

$~41 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 218/2017 KARAN MALIK & ORS.

..... Petitioners Through : Mr. Nitin Ahlawat, Adv.

versus THE STATE & ANR.

..... Respondents Through : Mr. Avi Singh, ASC with Mr.

Ananya Mohan, Adv.

with SI Devendra Kumar, P.S. Sarai Rohilla for the State Mr.

Kukul Sharma, Adv.

for respondent no. 2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 24.01.2017 It is submitted that respondent no. 2 and petitioner no.1 have settled their disputes amicably. Petitioner nos. 2 and 3 are relatives of petitioner no.

1. Marriage of petitioner no. 1 and respondent no. 2 has already been dissolved by a decree of divorce by mutual consent dated 4th October, 2016 passed by the Family Courts, West District, Tis Hazari Courts, Delhi. Respondent no. 2 is present in Court today and has been identified by SI Devendra Kumar, P.S. Sarai Rohilla. She admits having already received `20 lacs out of the settled amount of `31 lacs. Remaining settled amount of

`11 lacs has been paid to the respondent no. 2 by a cheque bearing no. 996006 dated 24th January, 2017 drawn on Syndicate Bank, Paschim Vihar Branch, Delhi, issued by the petitioner no. 2. Cheque has been accepted by the respondent no. 2, subject to its realization. Respondent no. 2 submits that FIR may be quashed.

Keeping in mind the settlement arrived at between the parties and that marriage between the petitioner no. 1 and respondent no. 2 has already been dissolved, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, FIR No. 1269/2014 under Sections 498A/406/34 IPC registered at Police Station Sarai Rohilla and the consequent proceedings emanating therefrom are quashed, subject to, however, encashment of the cheque. In case cheque is dishonoured, FIR shall stand revived.

Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

JANUARY 24, 2017 rb