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High Court of DelhiW.P.(CRL)/1968/2019

Amit Kumar & ORS. v. State & ANR.

2020-02-28Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~31 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1968/2019 AMIT KUMAR & ORS.

..... Petitioners Through Mr Anuj Soni, Mr D.K. Sareen, Advocates.

versus STATE & ANR.

..... Respondents Through Mr Piyush Singhal, Mr Niharika Yadav, Advocates for Mr Ashish Aggarwal, ASC for State.

SI Rachna P.S. Subzi Mandi.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 28.02.2020 1.

The petitioners have filed the present petition, inter alia, praying that FIR No. 328/2018 under Sections 498-A/406/377/506/34 of the IPC, registered with PS Subzi Mandi and all proceedings emanating therefrom, be quashed.

2.

The said FIR was registered at the instance of respondent no.2. She is present in Court and is identified by the Investigating Officer. She states that she had filed the FIR in question in view of matrimonial disputes that had arisen between her and her husband (petitioner no.1). 3.

She states that they have since resolved all their disputes and have secured a decree of divorce by mutual consent. She submits that in terms of the settlement arrived at between the parties, the petitioners have also agreed to pay a sum of ₹2,75,000/- to respondent no.2 in full and final settlement of all her claims. She acknowledges that in terms of the said agreement, the petitioners have already paid a sum of ₹2,00,000/- to her and with the receipt of the balance amount of ₹75,000/-, she would have no further claims or

grievances against the petitioners.

4.

The petitioners are present in Court and are identified by their counsel. They have today handed over a demand draft in the sum of ₹75,000/-, a photocopy of which has been taken on record. Respondent no.2 has accepted the same in full and final settlement of all her claims. She joins the petitioners in praying that the FIR in question be quashed. 5.

In view of the statements made by the concerned parties (petitioners and respondent no.2), this Court considers it apposite to allow the present petition.

6.

Accordingly, FIR No.

328/2018 under Sections 498A/406/377/506/34 of the IPC, registered with PS Subzi Mandi and all proceedings emanating therefrom, are quashed. 7.

The concerned parties (petitioners and respondent no.2) shall sign this order as an acknowledgement to the statements recorded herein. VIBHU BAKHRU, J FEBRUARY 28, 2020/pkv