Amit Jaiswal & ANR v. State & ANR

$~70 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 603/2018 AMIT JAISWAL & ANR ..... Petitioners Through Mr. Muzammil, Advocate versus STATE & ANR ..... Respondents Through Mr. Mukesh Kumar, APP for State.

Ms. Hitankshi Bhatnagar, Advocate.

SI Deepak, PS Badli.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 05.02.2018 Crl.M.A. 2200/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 603/2018 1.

The petitioners seek quashing of FIR No.695/2014 under Sections 498A/406/34 IPC and Section3/4 Dowry Prohibition Act, Police Station Samaypur Badli.

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, as recorded in the statement made on 20.05.2017. The parties have already been divorced by way of a decree of divorce by mutual consent, passed on 20.05.2017. 4.

The respondent No.2 was to be paid a total sum of Rs.50,00,000/- in CRL.M.C. 603/2018

full and final settlement of all her claims. A sum of Rs. 37,50,000/- has already been paid.

The balance sum of Rs.12,50,000/- has been paid to respondent No.2 by way of Demand Draft No.290595 dated 22.01.2018 drawn on Central Bank of India.

5.

The respondent No.2 is present in person, represented by counsel and identified by the Investigating Officer. 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 20.05.2017, 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.695/2014 under Sections 498A/406/34 IPC and Section3/4 Dowry Prohibition Act, Police Station Samaypur Badli and the consequent proceedings emanating there from are quashed. 8.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J FEBRUARY 05, 2018 st CRL.M.C. 603/2018