Ajit Chawla & ORS v. State Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 691/2018 AJIT CHAWLA & ORS ..... Petitioners Through Mr. Mehak Kalra with Ms. Vaishali Gautam, Advocates.

versus STATE OF NCT OF DELHI & ANR ..... Respondents Through Mr. Mukesh Kumar, APP for State.

Mr. Puneet Mittal, Sr. Advocate with Mr. Rupendra Pratap Singh, Ms.

Vasudha Bajaj, Advocates for respondent No.2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 09.02.2018 1.

The petitioners seek quashing of FIR No.55/07 under Sections 498-A/406/34 IPC, Police Station Defence Colony. 2.

The subject FIR emanates out of matrimonial discord. Petitioner No.1 is the husband of respondent No.2.

3.

Learned counsel for the petitioners submits that the parties have entered into a settlement agreement dated 01.11.2017 through the process of mediation, held at Mediation Centre, Saket Courts, New Delhi. The parties have already been divorced by way of a decree of divorce by mutual consent, passed on 22.01.2018. 4.

The respondent No.2 was to be paid a total sum of Rs.23,80,000/- in full and final settlement of all her claims. A sum of Rs.9,00,000/- has already been paid. The balance sum of Rs.14,80,000/- has been paid to the respondent No.2 by way of (i) Banker's Cheque No.765196 dated CRL.M.C. 691/2018

08.02.2018 for Rs.4,80,000/- drawn on Allahabad Bank, (ii) Banker's Cheque No.022117 dated 29.01.2018 for Rs.5,00,000/- drawn on Kangra Co-operative Bank Ltd. and (iii) Demand Draft No.503218 dated 30.01.2018 for Rs.5,00,000/- drawn on ICICI Bank. 5.

The respondent No.2 is present in person and is represented by the counsel. She submits that she has settled her disputes with the petitioners and does not wish to press charges against the petitioners and prosecute the complaint any further.

6.

In view of the fact that the proceedings emanate out of a matrimonial discord and the parties have fully and finally settled their disputes and the respondent No.2 has stated that she does not wish to press the complaint any further and the fact that the parties have already been divorced by way of a decree of divorce by mutual consent, passed on 22.01.2018, and in the interest of justice, it would be expedient to quash the subject FIR and the consequent proceedings emanating there from.

7.

In view of the above, FIR No.55/07 under Sections 498-A/406/34 IPC, Police Station Defence Colony and the consequent proceedings emanating there from are quashed.

8.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J FEBRUARY 09, 2018 st CRL.M.C. 691/2018