Himanshu Naithani & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2684/2019 & CRL.M.A. 36352/2019 HIMANSHU NAITHANI & ORS ..... Petitioners Through:

Mr Harish Nautiyal, Mr Vibhor Goela and Mr Tarak Khanna, Advocates.

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

Mr Ranbir Singh Kundu, ASC for State with Mr Shivom Saharon, Advocate with SI Hariram, PS Safdarjung.

Ms Malvika Choudhary and Mr B.

Venkatraman, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 18.10.2019 1.

The petitioners have filed the present petition, inter alia, praying that the FIR No.0676/2016 under Sections 498A/406/34 of the IPC registered with PS Safdarjung and all proceedings emanating therefrom, be quashed. 2.

The present petition is premised on a settlement arrived at between the petitioners and respondent no.2 (the complainant). The petitioners are present in Court and state that they have resolved all differences and disputes with respondent no.2.

The settlement arrived at between the concerned parties (petitioner no.1 and respondent no.2) was recorded by the learned Principal Judge, Family Court in the second motion (HMA No.591/2019) on 06.08.2019. In terms of the said settlement, petitioner no.1

had agreed to pay a sum of ₹12 lakhs to respondent no.2 in full and final settlement of all her claims. The entire amount of ₹12 lakhs has been paid to respondent no.2.

3.

Respondent no.2 is present in Court and she is identified by the Investigating Officer. She acknowledges that she has received a sum of ₹12 lakhs as full and final settlement of all her claims. She states that she has no further grievance against the petitioners and joins the petitioners in praying that the FIR in question be quashed.

4.

The petitioners are present in Court and are identified by their counsel. They also state that they have no grievance against respondent no. 2.

5.

In view of the above, the petition is allowed and the FIR No. 0676/2016 under Section 498A/406/34 IPC registered with PS Safdarjung and all proceedings emanating therefrom, are quashed. 6.

The petitioners and respondent no.2 shall sign this order as an acknowledgment of their statements recorded herein. VIBHU BAKHRU, J OCTOBER 18, 2019/MK