Deepak Garg & ANR v. The State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1416/2019 DEEPAK GARG & ANR ..... Petitioners Through Ms Annu Sharma, Mr Prince Gupta, Advocates for petitioner Nos. 1,2 and 3.

versus THE STATE & ANR ..... Respondents Through Mr Amit Peswani, Advocate for Ms Nandita Rao, ASC for State.

SI Suman, P.S. Vijay Vihar present.

Mr Anshul Garg, Advocate for R2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 12.09.2019 1.

The petitioners have filed the present petition, inter alia, praying that the FIR No. 1079/2017 under Section 498-A/406/34 IPC registered with P.S. Vijay Vihar, Delhi and all consequential proceedings arising therefrom, be quashed.

2.

The present petition is premised on the settlement arrived at between the petitioner no.1 and respondent no.2 on 05.09.2018. The said settlement was reduced into writing and a Memorandum of Understanding was entered into by the said parties on the said date. In terms of the said settlement, respondent no.2 has agreed to settle all her claims against the petitioners for

a consideration of ₹12,50,000/-.

3.

It is stated that petitioner no.1 has already paid a sum of ₹8,50,000/- in two instalments and is now required to pay the balance amount of ₹4,00,000/-.

4.

Respondent no.2 is present in Court. She is identified by the Investigation Officer. She states that she has settled all her disputes with the petitioners and has no grievance against them. She also states that with the receipt of a sum of ₹4,00,000/-, all her claims against the petitioners shall stand satisfied.

5.

Petitioner no.1 has today handed over a demand draft (DD No. 519943 dated 05.08.2019, drawn on ICICI Bank) for a sum of ₹4 lakhs. Respondent no.2 has accepted the said demand draft in full and final settlement of all her claims.

6.

The petitioners also state that they have no grievance against respondent no.2.

7.

In view of the settlement arrived at between the parties, this Court is of the view that the ends of justice would be met in quashing the FIR in question. Accordingly, the FIR No. 1079/2017 under Section 498-A/406/34 IPC registered at P.S. Vijay Vihar, Delhi and all proceedings emanating therefrom, are quashed.

8.

The petitioners and respondent no.2 shall sign this order as an

acknowledgment of the statements recorded herein. 9.

The petition is allowed in the aforesaid terms. VIBHU BAKHRU, J SEPTEMBER 12, 2019 pkv