Ajay Kumar Arora & ORS v. The State Govt Of NCT Of Delhi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 803/2018 AJAY KUMAR ARORA & ORS ..... Petitioners Through Mr. Manish Bhadauria with Mr.

Rishabh Luthra, Advocates with petitioner in person.

versus THE STATE GOVT OF NCT OF DELHI & ORS ..... Respondents Through Ms. Anita Abraham, APP for the State.

Mr. Gopal Sharma with Ms. Tanya Bhatia, Advocates for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 16.02.2018 Crl.M.A.2920/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 803/2018 1.

The petitioners seek quashing of FIR No.254/2011 under Sections 498-A/406/34 IPC, Police Station Geeta Colony. 2.

The subject FIR emanates out of matrimonial discord. Petitioner No.1 is the husband of respondent No.2.

3.

Learned counsel for the petitioners submits that the parties have entered into a settlement agreement dated 19.09.2017 through the process of mediation, held at Delhi Mediation Centre, Karkardooma Courts, Delhi. The parties have already been divorced by way of a decree of divorce by CRL.M.C. 803/2018

mutual consent, passed on 22.01.2018.

4.

The respondent No.2 was to be paid a total sum of Rs.10,00,000/- in full and final settlement of all her claims.

A sum of Rs.7,00,000/- has already been paid. The balance sum of Rs.3,00,000/- has been paid to the respondent No.2 by way of (i) Demand Draft No.010896 dated 14.02.2018 drawn on Axis Bank for Rs.2,00,000/- and (ii) Demand Draft No.010895 dated 14.02.2018 drawn on Axis Bank for Rs.1,00,000/- 5.

The respondent No.2 is present in person, represented by counsel and identified by the Investigating Officer. She submits that she has settled her disputes with the petitioners and does not wish to press charges against the petitioners and prosecute the complaint any further. 6.

In view of the fact that the proceedings emanate out of a matrimonial discord and the parties have fully and finally settled their disputes and the respondent No.2 has stated that she does not wish to press the complaint any further and the fact that the parties have already been divorced by way of a decree of divorce by mutual consent, passed on 22.01.2018, and in the interest of justice, it would be expedient to quash the subject FIR and the consequent proceedings emanating there from. 7.

In view of the above, FIR No.254/2011 under Sections 498A/406/34 IPC, Police Station Geeta Colony and the consequent proceedings emanating there from are quashed. 8.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J FEBRUARY 16, 2018/st CRL.M.C. 803/2018