Mr. Krishan & ANR. v. State & ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 3259/2019 MR. KRISHAN & ANR.
..... Petitioners Through Mr. Sharad Malhotra, Adv. with petitioners.
versus STATE & ANR.
..... Respondents Through Mr. Amit Peswani, Adv. for Ms.
Nandita Rao, ASC (Crl.) for State.
SI Naresh Kumar, PS. Baba Hari Das Nagar.
ASI Balwant Singh, P. S. Sadar Bazar.
Ms. Mamta Rani, Adv. with R2.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
O R D E R
% 20.01.2020 Crl. M. A. No.40756/2019 1.
Allowed, subject to all just exceptions.
2.
The application is disposed of.
WP(Crl.) No.3259/2019 3.
The petitioners have filed the present petition, inter alia, praying that FIR bearing No.103/2017 under Sections 498-A/406/34 of the IPC, registered with PS Baba Haridas Nagar (Outer) and all proceedings emanating therefrom, be quashed.
4.
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 FIR in question was registered in view of the matrimonial disputes that had arisen between her and her husband (petitioner no.1). She states that she has since resolved all disputes and differences with the petitioners in terms of the Settlement recorded by the Principal Judge, Family Court, Dwarka Court, Delhi on 10.05.2018 in M.T. Case No.475/2017, captioned Neha v. Krishan Singh Beniwal.
5.
In terms of the said settlement, petitioner no.1 had agreed to pay a sum of ₹6,20,000/- to respondent no.2 in full and final settlement of all her claims.
She states that she has received a sum of ₹4,20,000/- out of the aforesaid amount. She and petitioner no.1 have secured a decree of divorce by mutual consent. She states that with the receipt of ₹2,00,000/-, she would have no further claims against the petitioners. 6.
The petitioners are present in Court and are identified by their counsel. They have handed over a Demand Draft today, drawn on ICICI Bank, for a sum of ₹2,00,000/- to respondent no. 2. A photocopy of the same has been placed on record. They also state that they have no grievance against respondent no.2.
7.
Respondent No.2 has accepted the said Demand Draft in full and final settlement of all her claims and joins the petitioners in praying that the said FIR be quashed.
8.
In view of the statements made by the concerned parties (petitioners and respondent no.2), the present petition is allowed. Accordingly, FIR bearing no.103/2017 under Sections 498-A/406/34 of the IPC registered
with Police Station Baba Haridas Nagar (outer), and all proceedings emanating therefrom, are quashed.
9.
The concerned parties (petitioner and respondent No.2) shall sign this order as an acknowledgement of their statements recorded herein. 10.
The petition stands disposed of.
11.
Order be given dasti under the signatures of the Court Master. VIBHU BAKHRU, J JANUARY 20, 2020 DR