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High Court of DelhiW.P.(CRL)/2641/2019

Rajesh Kumar Jha & ORS. v. State & ANR.

2019-09-18Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~85 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2641/2019 RAJESH KUMAR JHA & ORS.

..... Petitioners Through Mr Gopesh Tripathi, Advocate for Mr Subodh Kumar, Advocate.

versus STATE & ANR.

..... Respondents Through SI Sanjev, P.S. Vasant Kunj North.

Mr R.K. Saxena, Advocate for R2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 18.09.2019 CRL.M.A. 36078/2019 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

W.P.(CRL) 2641/2019 3.

The petitioners have filed the present petition, inter alia, praying that FIR No. 0582/16 under Section 498-A/406/34 of the Indian Penal Code, 1860 (IPC) registered at P.S. Vasant Kunj (North), Delhi and all consequential proceedings arising therefrom, be quashed. 4.

The present petition is premised on a settlement/memorandum of understanding dated 07.07.2018 arrived at between the concerned parties. 5.

The aforementioned FIR was registered at the instance of respondent No.2 (Smt Guriya Kumari). She is present in Court and is identified by the Investigating Officer. She states that she has settled all her disputes with the petitioners in terms of the said Memorandum of Understanding. In terms of the said settlement, petitioner no.1 was required to pay a sum of ₹3,25,000/-

in full and final settlement of all the claims raised by respondent no.2. It is stated that the entire amount has been paid. This is acknowledged by respondent no.2 and she states that she has no further grievance or claims against the petitioners.

6.

The petitioners also present in Court and are identified by their counsel. They state that they have no grievance against respondent no.2. Both the parties (the petitioners and respondent no.2) request that the FIR in question be quashed.

7.

In view of the statements made by the petitioners and respondent no.2, the present petition is allowed and FIR No. 0582/16 under Sections 498-A/406/34 of the IPC registered at P.S. Vasant Kunj (North), Delhi and all consequential proceedings arising therefrom, are quashed. 8.

The petitioners and respondent no.2 shall sign this order as an acknowledgment of the statements recorded herein. 9.

The petition is allowed in the aforesaid terms. VIBHU BAKHRU, J SEPTEMBER 18, 2019/pkv