Sumit Agrawal v. State & ORS.

$~65 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2110/2019 SUMIT AGRAWAL ..... Petitioner Through Mr. Aditya Singla, Ms. Supriya Juneja and Mr. Sheikh F. Kalia, Advs.

versus STATE & ORS.

..... Respondents Through Mr. Avi Singh, ASC.

Mr. Promod Jalan, Adv. with R3 in person.

SI Shubhendu Sharma, P.S. Sarojini Nagar.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 13.02.2020 Crl. M. A. No.3348/2020 1.

The petitioner and respondent No.3 have filed the present application, inter alia, praying that FIR bearing No.23/2019, under Sections 498-A/406 of the IPC registered with PS Sarojini Nagar and all proceedings emanating therefrom, be quashed.

2.

The said FIR was registered at the instance of respondent No.3. She is present in Court and is identified by the Investigating Officer. She states that she had filed the said FIR in view of matrimonial dispute that had arisen

between her and her husband (the petitioner). She confirms that they have since resolved all disputes in view of a Settlement Agreement dated 18.10.2019 arrived at before the Delhi High Court Mediation and Conciliation Centre.

3.

She states that in terms of the said Settlement Agreement, she and the petitioner have secured a decree of divorce by mutual consent. She states that in view of the said Settlement Agreement, she does not wish to pursue the FIR in question.

4.

The petitioner is also present in Court and is identified by his counsel. He states that he has no grievance against respondent No.3 and prays that the FIR in question and all proceedings emanating therefrom, be quashed. 5.

In view of the settlement arrived at between the concerned parties (petitioner and respondent No.3) and in view of the statements made by them, this Court considers it apposite to allow the present application. 6.

Accordingly, FIR bearing No.23/2019, under Sections 498-A/406 of the IPC registered with PS Sarojini Nagar and all proceedings emanating therefrom, are quashed.

7.

The petitioner and respondent No.3 shall sign this order as an acknowledgment of their statements recorded herein. 8.

The application is disposed of.

9.

Order be given dasti under the signatures of the Court Master. W.P.(Crl.) No.2110/2019 & Crl. M. A. Nos.32440-41/2019 10.

In view of the settlement arrived at between the concerned parties

(petitioner and respondent No.3), the petitioner does not wish to pursue the present petition and seeks to withdraw the same. 11.

The petition is dismissed as withdrawn. All pending applications are also disposed of.

VIBHU BAKHRU, J FEBRUARY 13, 2020 dr