Shailesh @Salish ORS v. The State & ANR

$~56 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1601/2019 SHAILESH @SALISH ORS ..... Petitioners Through:

Ms Shilpee Aggarwal, Advocate.

versus THE STATE & ANR ..... Respondents Through:

Ms Kamna Vohra, ASC for State with SI Sonu Ram, PS Subhash Place.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 17.10.2019 1.

The petitioners have filed the present petition, inter alia, praying that FIR No.0500/2017 under Section 498A/406/34 of the IPC registered with PS Subhash Place and all proceedings emanating therefrom, be quashed. 2.

The parties have arrived at a settlement, whereby the petitioners had agreed to pay a sum of ₹3 lakhs to respondent no. 2 (Smt. Bharti) in full and final settlement of all her claims. This Court had found that the said amount was on the lower side and had referred the parties to conciliation before the Delhi High Court Mediation and Conciliation Centre (DHCMCC). 3.

The concerned parties have arrived at a settlement agreement before DHMCC. A copy of the said agreement dated 29.07.2019 has been placed on record. In terms of the said settlement, the petitioners have agreed to pay a sum of ₹4,50,000/- to respondent no.2 in full and final settlement of all her claims. Out of the aforesaid sum, an aggregate sum of ₹4,40,000/- has already been paid to respondent no.2.

4.

Respondent no.2 is present in the Court and is identified by the

Investigating Officer.

She acknowledges the receipt of the sum of ₹4,40,000/- and further states that she had no grievance against the petitioners and joins the petitioners in requesting that the FIR in question be quashed. She further states that on receipt of the further sum of ₹10,000/-, she would have no further claims against the petitioners. 5.

The petitioners have handed over a sum of ₹10,000/- in cash to respondent no.2. Respondent no.2 has accepted the same in full and final settlement of all her claims.

6.

The petitioners are present in the Court. They are identified by their counsel. They state that they have no further grievance against respondent no.2.

7.

In view of the settlement arrived at between the parties, this Court considers it apposite to allow the present petition. Accordingly, the present petition is allowed and the FIR No.0500/2017 under Sections 498A/406/34 of the IPC registered with PS Subhash Place and all proceedings emanating therefrom, are quashed.

8.

The petitioners and respondent no.2 shall sign this order as an acknowledgment of their statements recorded herein. VIBHU BAKHRU, J OCTOBER 17, 2019/MK