Sachin & ORS. v. State & ANR.

$~54 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2468/2019 SACHIN & ORS.

..... Petitioners Through:

Mr Manish Kapoor, Advocate.

versus STATE & ANR.

..... Respondents Through:

Mr Sanjay Lao, APP for State.

Mr Shyam Kumar, Advocate for R-2.

SI Naresh Kumar, PS Mansarovar Park.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 04.09.2019 CRL.M.A. 35057/2019 1.

The exemption is allowed, subject to all just exceptions. 2.

The application stands disposed of.

W.P.(CRL) 2468/2019 3.

The petitioners have filed the present petition, inter alia, praying that FIR bearing No. 231/2017 registered under Sections 498A/406/34 of the Indian Penal Code, 1860 and Section 4 of Dowry Prohibition Act, 1961 and further proceedings arising therefrom, be quashed. 4.

The present petition is premised on the settlement arrived at between the petitioners and respondent no.2 (Seema) before the Delhi Mediation Centre, Karkardooma Courts, Delhi. A copy of the said settlement has been

placed on record.

5.

In terms of the said settlement, petitioner no.1 has agreed to pay a sum of ₹6,00,000/- to respondent no.2 in full and final settlement of all her claims. It is stated that petitioner no. 1 has already paid a sum of ₹5,00,000/- and is required to pay the balance sum of ₹1,00,000/-. 6.

Respondent no.2 is present in Court and she states that she had filed the said FIR in view of the disputes between her and her husband (petitioner no.1) and his family. She states that she has settled all her disputes between her and her husband and the parties have been divorced by mutual consent. 7.

She further states that she has no further grievance against the petitioners and on receipt of the balance sum of ₹1,00,000/-, she would also have no further claims against the petitioners. 8.

The petitioners have today handed over a demand draft (Demand Draft No. 542090 dated 27.08.2019, drawn on Punjab National Bank) for a sum of ₹1,00,000/- which has been accepted by respondent no.2 in full and final settlement of all her claims.

9.

The petitioners also claim that they have no further grievance against respondent no.2.

10.

In view of the above statements, the present petition is allowed and the FIR in question (FIR bearing No. 231/2017) and all proceedings arising therefrom, are quashed.

11.

The petitioners are identified by their learned counsel and respondent

no.2 is identified by the concerned Investigating Officer. They shall sign this order as an acknowledgment of their statements recorded herein. 12.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J SEPTEMBER 04, 2019/RK