Arpit Garg & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2445/2019 ARPIT GARG & ORS ..... Petitioners Through:

Mr Vibhor Goela, Ms Disha Arora and Mr Harish Nautiyal, Advocates.

versus STATE & ANR ..... Respondents Through:

Ms Nandita Rao, ASC (Crl.) for State.

W/SI Sumedha, PS Ashok Vihar.

Mr Rajesh Samanotra, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 02.09.2019 CRL.M.A. 34854/2019 1.

Allowed, subject to all just exceptions.

W.P.(CRL) 2445/2019 2.

The petitioners have filed the present petition, inter alia, seeking quashing of the FIR No.324/2017 under Sections 498-A/406/34 IPC registered with Police Station Ashok Vihar.

3.

The said FIR was registered at the instance of respondent no.2 against the petitioners. It is stated that the parties have since resolved their disputes

in terms of the settlement arrived at before the Delhi Mediation Centre, Rohini District Court, Delhi.

4.

The parties had mutually agreed that petitioner no.1 would pay a sum of ₹15 lakhs in full and final settlement of all the claims made by respondent no.2. The said payment was to be made in three instalments. The first instalment for a sum of ₹5 lakhs was to be made at the time of filing of the first motion under Section 13(B)(1) of Hindu Marriage Act and the second instalment for a sum of ₹5 lakhs, which was to be paid at the time of second motion.

5.

The petitioners and respondent no.2 are present in the Court. The petitioners are identified by their counsel and respondent no.2 is identified by the Investigating Officer.

Respondent no.2 states that she has already received a sum of ₹10 lakhs in terms of the aforesaid settlement. The petitioners have today handed over a demand draft no.726124 dated 04.07.2019 for a sum of ₹5 lakhs drawn on the State Bank of India. The said demand draft is accepted by respondent no.2 in full and final settlement of her claims. She states that she does not wish to pursue her complaint against the petitioners. The petitioners also state that they have no further grievance against respondent no.2.

6.

In view of the settlement arrived at between the parties and the statement made by them, the present petition is allowed and the FIR No.324/2017 under Sections 498-A/406/34 IPC registered with Police Station Ashok Vihar and the proceedings emanating therefrom, are quashed.

7.

The petitioners and respondent no.2 shall sign this order as an acknowledgment of their statements recorded herein. 8.

The petition is disposed of.

VIBHU BAKHRU, J SEPTEMBER 02, 2019 MK