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High Court of DelhiW.P.(CRL)/530/2018

Manoj Kumar Bhatt & ORS v. State 0f NCT Of Delhi & ANR

2018-02-19Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 530/2018 & Crl.M.A.Nos.3100/2018 and Crl.A.No.3101/2018 MANOJ KUMAR BHATT & ORS ..... Petitioners Through Mr.Nilendu Vats, Adv.

versus STATE 0F NCT OF DELHI & ANR ..... Respondents Through Mr.Ashish Aggarwal, Advocate with SI C.B.Sharma.

Mr.Prem Pratap Singh and Mr.Ajit Pratap Singh, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 19.02.2018 Petitioners are seeking quashing of the present FIR i.e .the FIR No.1452/2015 registered under Sections 498A/406/34 of the IPC at police station Usmanpur on the complaint of respondent no.2. Respondent no.2 is present. Her presence has been verified by the Investigating officer. Parties had been married in the year 2011 as per the Hindu Rites. A male child was born out of the wedlock in August, 2012. He is presently in the custody of respondent no.2. Parties have been living separately since 2015. A settlement was arrived at inter se the parties which was recorded before the Judge at Tis Hazari on 14.11.2017. Petitioner no.1 had agreed to go in for divorce by mutual consent. Petitioner no.1 has agreed to pay a sum of Rs.13,50,000/- in full and final settlement of her all claims. It is stated that the parties have since been divorced by mutual consent by a decree dated 02.01.2018. Out of Rs.13,50,000/- which was to be

paid by petitioner no.1 to respondent no.2 Rs.9,00,000/- already stands paid. Rs.4.50,000/- lakhs is being paid today in Court by way of a demand draft. The parties endorse this settlement. Petitioner is permitted to visit the child who will remain in the custody of respondent no.2 on an arrangement of time to be arrived at inter se the parties. Accordingly, to secure ends of justice, it is a fit case where the prayer made in the petitioner should be allowed. Accordingly, FIR No.1452/2015 registered under Sections 498A/406/34 of the IPC at police station Usmanpur as also all the proceedings emanating therefrom stand quashed. It is noted that the spelling of the surnames of the petitioners in the FIR has wrongly been spelt as "Bhut"; the correct spelling is "Bhatt".

Petition disposed of in the above terms.

INDERMEET KAUR, J FEBRUARY 19, 2018 ndn