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High Court of DelhiW.P.(CRL)/453/2018

Yashpal Dhamija & ORS v. The State Govt Of NCT Of Delhi & ANR

2018-02-13Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 453/2018 & Crl. M.A.No.2708/2018 YASHPAL DHAMIJA & ORS ..... Petitioners Through Petitioners with their counsel Mr.

Gaurav Prakash and Mr. Kunal Sharma, Advs.

versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through Mr. R.S. Kundu, ASC for the State with Mr. Bhagat Singh, Mr. Prem Sagar Pal and Ms. Suman, Advs along with SI Vedpal.

R-2 in person with Mr. S.S. Yadav, Adv.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 13.02.2018 The petitioners are seeking quashing of present FIR No.265/2015 registered at Police Station Mangol Puri under Sections 498-A/406 read with Section 34 of the IPC as also Section 4 of the Dowry Prohibition Act. Petitioner No. 1 and respondent No. 2 had got married as per Hindu rites on 16.05.2010. One male child was born out of their wedlock on 27.04.2012. In terms of the settlement inter-se the parties, the parties had got divorce by mutual consent. The decree is dated 07.11.2017. The custody of the child will remain with respondent No. 2. An amount of ₹6 lacs has been agreed to be paid by petitioner No. 1 to respondent No. 2 of which Rs.4 lacs stood paid

earlier and Rs.2 lacs has been paid by way of demand draft to respondent No. 2 in Court today. Parties are present. They endorse the settlement. Their presence has been identified by the Investigating Officer.

Petitioner No. 1 is permitted to meet his child on the birthday of the child with the prior consent of respondent No. 2. This is a fit case where to secure the ends of justice, the prayer made in the petition be granted. Accordingly, FIR No.265/2015 registered at Police Station Mangol Puri under Sections 498-A/406 read with Section 34 of the IPC as also Section 4 of the Dowry Prohibition Act and all proceedings emanating thereto are quashed. Petition disposed of.

INDERMEET KAUR, J FEBRUARY 13, 2018