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High Court of DelhiCRL.M.C./1826/2020

Bhartendu Harish Singh & ORS. v. State NCT Of Delhi & ANR.

2020-09-18Hon'Ble Mr. Justice Manoj Kumar Ohri2 pages

$~11 *IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL. M.C. 1826/2020 & CRL. M.A. Nos.12854-12857/2020 BHARTENDU HARISH SINGH & ORS.

..... Petitioners Through:

Mr. Dhruv Banerjee, Advocate along with Ms. Preeti Rawat, power of attorney holder of the petitioners in person.

versus STATE NCT OF DELHI & ANR.

..... Respondents Through:

Ms. Manjeet Arya, APP for State along with SI Vivek Shastri, P.S. Bindapur.

Mr. Rajesh Kajla, Advocate for R-2 along with R-2/complainant in person.

CORAM:

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

O R D E R

% 18.09.2020 1.

The present proceedings are instituted under Section 482 Cr.P.C. seeking quashing of FIR No.

957/2018, registered under Sections 498A/406/34 IPC at Police Station Bindapur on the ground that the parties have settled their disputes.

2.

Learned counsels for the parties submit that the parties have amicably settled their dispute for a total sum of Rs.12.5 lacs. In terms of the settlement dated 13.09.2019, the parties have already been granted divorce by mutual consent vide final decree and order dated 17.02.2020 passed by the Family Court. In terms of the aforesaid settlement, an amount of Rs.7.5 lacs has already been paid by the petitioners to respondent No.2/complainant and the remaining and balance amount of Rs.5 lacs has been paid by the petitioner to respondent No.2/complainant today by way of an electronic transfer in her

bank account, which fact has been confirmed by the learned APP for the State, on instructions from the IO. In terms of the settlement, respondent No.2 is now left with no claim or grievance whatsoever against the petitioners.

3.

Ms. Preeti Rawat, who is the power of attorney holder of all the petitioners has joined the proceedings along with her counsel through the V.C. link and has been identified by her counsel as well as by the Investigating Officer, SI Vivek Shastri. Respondent No.2/complainant has also joined the proceedings along with her counsel through the V.C. link and has also been identified by her counsel and by the Investigating Officer. 4.

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

5.

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

6.

The parties shall remain bound by the statements made today in Court. 7.

In view of the above facts and since no useful purpose will be served in continuance of the proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed. 8.

With the above directions, the petition is disposed of. Pending applications also stand disposed of.

MANOJ KUMAR OHRI, J SEPTEMBER 18, 2020 'dc'