Deepak Dhiman & ORS v. The State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3354/2019 DEEPAK DHIMAN & ORS ..... Petitioners Through Mr Jitender Ratta, Mr M.K. Kaushik, Advocates.

versus THE STATE & ANR ..... Respondents Through Ms Kamna Vohra, ASC for State.

SI Deepa Chand, P.S. Vasant Vihar.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 02.12.2019 1.

The petitioners have filed the present petition, inter alia, praying that FIR No. 0157/2018 under Sections 498A/406 of the IPC registered with PS Vasant Vihar and all proceedings emanating therefrom, be quashed. 2.

The said FIR was registered at the instance of respondent no.2. Respondent no. 2 is present in Court and is identified by the Investigating Officer. Respondent no.2 states that she had filed the FIR in question in view of matrimonial disputes that had arisen between her and petitioner no.1. She states that she has since resolved all her disputes and has secured a decree of divorce by mutual consent.

3.

She states that in terms of the settlement arrived at between the petitioners and her, the petitioners are required to pay a sum of ₹9 lakhs in

full and final settlement of all her claims. She acknowledges that she has already received a sum of ₹6 lakhs and states that with the receipt of the balance amount of ₹3 lakhs, she would have no further claims against the petitioners.

4.

She states that the petitioners were also required to return certain items of apparel which belonged to her and in lieu of the same, they have given her a cheque of ₹20,000/-.

5.

The petitioners have today handed over a demand draft of ₹3 lakhs draw on the State bank of India, a photocopy of which is taken on record. Respondent no. 2 acknowledges the receipt of the said amount and states that she has now no further claims against the petitioners. She acknowledges the receipt of the same in full and final settlement of all her claims. She joins the petitioners in praying that the FIR in question be quashed.

6.

Petitioner nos. 2 to 6 are present in Court and are identified by their counsel. Petitioner no.1 is not present in court as he is overseas. However, petitioner nos. 2 to 6 affirm that he has no further grievances or claims against respondent no.2.

7.

In view of the statements made before this Court, the petition is allowed and FIR No. 0157/2018 under Sections 498A/406 of the IPC registered with PS Vasant Vihar and all proceedings emanating therefrom, are quashed.

8.

Petitioner nos. 2 to 6 and respondent no.2 shall sign this order as an acknowledgment of the statements recorded herein. 9.

The petition is disposed of in the aforesaid terms. VIBHU BAKHRU, J DECEMBER 02, 2019 pkv