Vivek Chopra & ANR v. State Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2637/2019 & CRL.M.A. 36065/2019 & CRL.M.A.

36066/2019 VIVEK CHOPRA & ORS ..... Petitioners Through:

Mr Sonal Anand with Mr Aayush Sai, Advocates.

versus STATE OF NCT OF DELHI & ANR ..... Respondents Through:

Mr Karanjeet Rai Sharma, Advocate for Mr Sanjay Lao (ASC) for State with Insp. Naresh Sangwan, SHO, PS Maurya Enclave.

Mr Sahil Munjal and Mr Prateek Goswami, Advocates for R-2 along with petitioner in person.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 30.10.2019 1.

The petitioners have filed the present petition, inter alia, praying that FIR No.0044/2018 under Sections 498A/406/34 of the IPC registered with PS Maurya Enclave and all proceedings emanating therefrom, be quashed. 2.

The aforesaid FIR was registered at the instance of respondent no.2. The petitioners and respondent no.2 state that the said FIR was filed in view of matrimonial disputes that had arisen between petitioner no.1 and respondent no.2. They state that they have since resolved their disputes in terms of a Settlement Agreement dated 12.02.2019.

3.

Petitioner no.1 and respondent no.2 are since divorced. 4.

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

5.

In terms of the said Settlement Agreement dated 12.02.2019, petitioner no.1 had agreed to pay a sum of ₹40 lakhs to respondent no.2 in full and final settlement of all her claims. Respondent no.2 acknowledges that she has already received a sum of ₹30 lakhs out of the aforesaid sum and she would have no further claims against the petitioners on receipt of the balance sum of ₹10 lakhs.

6.

The petitioners have today handed over a demand draft bearing no. 1899430 dated 29.10.2019, drawn on Kotak Mahindra Bank for a sum of ₹10 lakhs. A photocopy copy of the said demand draft has been handed over to the Court and the same is placed on record. 7.

Respondent no.2 acknowledges the receipt of the said demand draft and states that she has no further grievances or claims against the petitioners. Both the concerned parties (petitioners and respondent no.2) pray that the FIR in question be quashed.

8.

In view of the statement made by the petitioners and respondent no.2, this Court considers it apposite to allow the present petition. 9.

Accordingly, FIR No.0044/2018 under Sections 498A/406/34 of the IPC registered with PS Maurya Enclave and all proceedings emanating therefrom, are quashed.

10.

The concerned parties (petitioners and respondent no.2) shall sign this order as an acknowledgement of their statements recorded herein. 11.

The pending applications are also disposed of. VIBHU BAKHRU, J OCTOBER 30, 2019 MK