Parveen Kumar v. The State (Govt. Of NCT Of Delhi) & ANR

$~13 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1981/2019 PARVEEN KUMAR & ORS.

..... Petitioner Through:

Mr Abhishek Sharma, Advocate.

versus THE STATE (GOVT. OF NCT OF DELHI) & ANR ..... Respondents Through:

Ms Kamna Vohra, ASC for State.

Mr Yudhishter Sharma, Mr Ashish Sehrawat and Ms Poonam Sharma, Advocates for R-2 alongwith respondent no.2.

IO/ASI Raj Kumar, PS Bawana.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 23.08.2019 1.

The petitioners have filed the present petition seeking quashing of FIR bearing No.24/2017, under Section 498A/406/34 of the Indian Penal Code, 1860, registered at PS Bawana, New Delhi.

2.

The learned standing counsel appearing for the State submits that there are three accused in the said FIR and all the accused are present in the Court. Respondent no. 2 is also present in court and is identified by the learned counsel appearing for respondent no.2 3.

The petitioner and respondent no. 2 state that on 21.12.2017, they had entered into a settlement before the Counsellor attached to the court of

Family Court, Rohini.

In terms of the said settlement, petitioner no. 1 (husband) has agreed to pay a sum of ₹6 lakhs to respondent no.2 (wife) in full and final settlement against all her claims regarding dowry, maintenance etc. The said amount was to be paid in three instalments. 4.

A sum of ₹2,50,000/- was paid by petitioner no. 1at the time of recording of the statements in the First Motion petition, and a further sum of ₹2,50,000/- was paid at the time of filing the Second Motion. Pursuant to the settlement and the consensus between the petitioner and respondent no.2, the Court has granted the said parties divorce by mutual consent. The parties had agreed that the balance sum of ₹1,00,000/- would be paid at the time of quashing of the FIR as sought by this petition. 5.

The learned counsel appearing for the petitioners has handed over a manager's cheque no.008294 dated 17.07.2019 for a sum of ₹1,00,000/- drawn on HDFC Bank, Bawana, Delhi-110039. Respondent no.2, who is present in the Court has accepted the same, in full and final settlement of all claims, and in terms of the settlement recorded on 21.12.2017. 6.

In view of the above, the petition is allowed and FIR No.24/2017 and all proceedings emanating therefrom are quashed. 7.

The petitioners and respondent no.2 shall sign a copy of this order as acknowledgement of the statements recorded therein. 8.

Order dasti under signature of the Court Master. VIBHU BAKHRU, J AUGUST 23, 2019/MK