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High Court of DelhiW.P.(CRL)/2355/2019

Vijay Kumar & ORS. v. State & ANR.

2019-08-26Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~53 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2355/2019 & CRL. M.A. 34144/2019 VIJAY KUMAR & ORS.

..... Petitioners Through:

Ms Tejaswini Verma and Mr Gaurav Gogia, Advocates.

versus STATE & ANR.

..... Respondents Through:

Ms Purnima Malik, Advocate for Mr Avi Singh, ASC for R-1.

Mr Robin, Advocate for R-2.

SI Dharmvir Singh, PS CWC Nanakpura, New Delhi.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 26.08.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973, inter alia, praying that FIR No.0046/2018 dated 08.06.2018 under Sections 498A/406/24 of the Indian Penal Code, 1860 (IPC) registered in Police Station, Crime (Women) Cell, Nanakpura, New Delhi be quashed.

The petition is predicated on the settlement arrived at between the petitioners and respondent no.2 (Ms. Pooja).

2.

Respondent no.2 is present in the Court and she is identified by her counsel. Respondent no.2 states that she has entered into a Memorandum of Family Settlement with her free consent and she does not wish to proceed with her complaint (FIR). She also states that she and petitioner no.1 are

divorced by mutual consent.

3.

Petitioner nos.1, 2 and 9 are present in the Court. The learned counsel appearing for the petitioners has identified the said petitioners. She also points out that petitioner no.1 holds a Special Power of Attorney on behalf of petitioner nos.3, 6, 7 and 8 and petitioner no.2 is also authorised to represent petitioner nos. 4 and 5.

4.

In view of the statement made by the petitioners and respondent no.2, the petition is allowed and the FIR (FIR bearing No.0046/2018 dated 08.06.2018 under Section 498A/406/24 of the IPC) is quashed. 5.

The said petitioners (petitioner nos.1, 2 and 9) and respondent no.2 shall also sign a copy of this the order as acknowledgment of the statement recorded therein.

6.

The pending application is also disposed of.

7.

Order dasti under signatures of the court master. VIBHU BAKHRU, J AUGUST 26, 2019 MK