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High Court of DelhiCRL.M.C./1690/2020

Kartike Kapoor & ORS. v. State & ANR.

2020-09-07Hon'Ble Mr. Justice Yogesh Khanna2 pages

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1690/2020 KARTIKE KAPOOR & ORS.

..... Petitioners Through : Mr.Vikas Arora and Ms.Radhika Arora, Advocates.

versus STATE & ANR.

..... Respondents Through : Mr.Amit Ahlawat, APP for the State with WSI, PS Vasant Vihar Mr.Manish, Advocate for respondent No.2/complainant with R2 in person.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 07.09.2020 1.

The hearing has been conducted through Video Conferencing. 2.

This petition is filed for quashing of FIR bearing No.23/2019 under Sections 406/498A/34 IPC registered at PS Vasant Vihar, New Delhi against the petitioners. The Investigating officer of the case is present and she has identified respondent no.2, the complainant.

3.

The petitioner No.1-husband and complainant/respondent No.2-wife were married on 27.12.2015. A girl child was born from the wedlock. A complaint was registered on 22.01.2019 by the respondent no.2 against the petitioners. The parties have settled their disputes amicably per Memorandum of Understanding dated 09.09.2019 before Counselling Cell, Family Courts, Patiala House Courts, New Delhi, and have agreed to end all civil or criminal litigations against each other, on an amount of Rs.26.00 lacs payable by husband/Petitioner No.1 to the wife/Respondent No.2. 4.

It is stated an amount of Rs.10.00 lacs have been paid on the first motion under Section 13-B(1) of Hindu Marriage Act on 06.12.2019 and on SHARMA

the second motion on 03.07.2020 a further amount of Rs.8.00 lacs have been paid. It is stated an amount of Rs.8.00 lacs as last instalment is being paid today. Mr.Vikas Arora, counsel for the petitioner confirms this fact and submits the respondent no.2 is present in his office and has accepted the said amount.

5.

Considering the facts and circumstances, in view of the settlement dated 09.09.2019 and in view of the mutual divorce having been granted and the payment being made to respondent no.2, there is no need to continue with the investigation of this FIR, hence the FIR No. 23/2019 under Sections 406/498A/34 IPC registered at PS Vasant Vihar, New Delhi and proceedings emanating from it stands quashed.

6.

The petition stands disposed of. Pending application(s), if any, also stands disposed of.

YOGESH KHANNA, J.

SEPTEMBER 07, 2020 AT SHARMA