Hemant Kumar & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3196/2019 & CRL.MA 40367/2019 HEMANT KUMAR & ORS ..... Petitioners Through:

Mr Balwinder Singh, Advocate.

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

Ms Meenakshi Chauhan, APP for Mr Avi Singh, ASC for State with ASI Sohambir Singh, PS Nabi Karim.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 18.11.2019 1.

The petitioners have filed the present petition, inter alia, praying that FIR No.0116/2018, under Sections 498A/406/34 of the IPC registered with PS Nabi Karim and all proceedings emanating therefrom, be quashed. 2.

The FIR in question was registered at the instance of respondent no.2. Respondent no.2 is present in the Court and is identified by the Investigating Officer.

She states that the FIR in question was lodged in view of the matrimonial disputes that had arisen between her and her husband (petitioner no.1). She further states that she has since resolved her disputes with her husband as well as petitioner nos.2 and 3 and has no further grievances against them.

3.

She also confirms that she has entered into a Settlement Agreement at Delhi Mediation Centre, Tis Hazari Courts, Delhi, Mediation No.5306/2019,

connected with Case No.8922/2017 under Section 12 of the Domestic Violence Act, 2005. In terms of the settlement, the concerned parties had agreed that they shall live together in peace and harmony and cooperate with each other.

4.

She also joins the petitioners in praying that the FIR in question be quashed.

5.

The petitioners are present in the Court and are identified by their counsel.

They also state that they have resolved their disputes with respondent no.2 and undertake that they shall treat respondent no.2 with due respect.

6.

In view of the statements made by the petitioners and respondent no.2, this Court considers it apposite to allow the present petition. 7.

Accordingly, FIR No.0116/2018 under Sections 498A/406/34 of the IPC registered with PS Nabi Karim and all proceedings emanating therefrom are quashed.

8.

The concerned parties (petitioners and respondent no.2) shall sign this order as an acknowledgment of their statements recorded herein. 9.

The pending application is disposed of.

VIBHU BAKHRU, J NOVEMBER 18, 2019 MK