Nakul Sharma & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2906/2019 NAKUL SHARMA & ORS ..... Petitioners Through Mr Karan Tyagi, Advocate along with petitioner Nos. 1 to 4.

versus STATE & ANR ..... Respondents Through Mr Karanjeet Rai Sharma, Advocate for Ms Kamra Vohra, ASC with W/ASI Bala Rani, No. 1827-D, P.S. Najafgarh present.

Mr Mohit Vashisth, Advocate for R2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 10.01.2020 1.

The petitioners have filed the present petition, inter alia, praying that FIR No. 0073/2019 under Sections 498-A/406/34 of the IPC, registered with PS Najafgarh and all proceedings emanating therefrom, be quashed. 2.

The said FIR was registered at the instance of respondent no.2. She is present in Court and is identified by the Investigating Officer. She states that the said FIR was filed in view of matrimonial disputes that had arisen between her and her husband (petitioner no.1). She states that the said

disputes have since been resolved and she and petitioner no.1 have agreed to secure a decree of divorce by mutual consent. The said petition of divorce has since been decreed by an order dated 11.12.2019. She further states that in terms of the settlement, the petitioners were required to pay a sum of ₹17,50,000/- in full and final settlement of all her claims. She further states that in terms of the aforesaid settlement, the petitioners have already paid a sum of ₹11,50,000/-. She states that with the receipt of the further sum of ₹6,00,000/-, all her claims would be settled. 3.

The petitioners have today handed over a demand draft made on Federal Bank for a sum of ₹6,00,000/-, a photocopy of which has been handed over to this Court and the same is taken on record. Respondent no.2 has acknowledged the receipt of the said demand draft and states that she has no further grievances or claims against the petitioners. She joins the petitioners in praying that the FIR in question be quashed. 4.

The petitioners are also present in Court and are identified by their counsel. They also state that they have no grievances or claims against respondent no.2 and affirm that all disputes with respondent no.2 stand settled.

5.

In view of the statements made by the parties (petitioners and respondent no.2) before this Court, the petition is allowed and FIR No. 0073/2019 under Sections 498-A/406/34 of the IPC, registered with PS Najafgarh and all proceedings emanating therefrom, are quashed. 6.

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

7.

The petition is disposed of in the aforesaid terms VIBHU BAKHRU, J JANUARY 10, 2020 pkv