High Court of DelhiW.P.(CRL)/436/2017

Sanjeev Chhibber & ORS. v. The State (NCT Of Delhi) & ANR.

2017-02-10Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 436/2017 SANJEEV CHHIBBER & ORS.

..... Petitioners Through Mr. R S Goswami, Advocate versus THE STATE (NCT OF DELHI) & ANR.

..... Respondents Through Mr. Rahul Mehra, Standing Counsel with Insp Narinder Kaur, PS CWC/ Nanak Pura Mr Alok Lakhanpal, Advocate for RCORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 10.02.2017 It is submitted that petitioner no.1 is the husband and petitioner nos. 2 to 4 are the relatives of petitioner no.1. It is further submitted that petitioner no.1 and respondent no.2 have amicably settled their dispute vide Compromise-cum-Settlement Deed dated 06.06.2016 and their marriage has already been dissolved by a decree of divorce by mutual consent dated 4th January, 2017 passed by Family Courts, Rohini. As per the settlement, out of the total sum of `5,20,00,000/-, `20 lacs has already been paid by the petitioner to the respondent no.2 and balance amount of `5 crores has been deposited in the shape of FDR in the name of Principal Judge, Family Courts, (North-West) Rohini, Delhi.

Respondent no.2, who is present in the court today and has been identified by the IO W.Insp.Narinder Kaur, admits that she has entered into a settlement with petitioner no.1 out of her own free will and without any undue pressure, force and coercion and having received `20 lacs out of the total settled amount. She submits that in view of the settlement, she has no objection if the FIR No.73/2016 u/s 498A/406/34 IPC, registered at PS Crime (Women) Cell, Nanakpura, Delhi is quashed, subject to the release of balance amount of `5 crores to her.

In view of the settlement arrived at between the parties, in my view, no fruitful purpose would be served by keeping the parties entangled in criminal proceedings. Accordingly, in the interest of justice FIR No.73/2016 u/s 498A/406/34 IPC, registered at PS Crime (Women) Cell, Nanakpura and the consequent proceedings emanating therefrom are quashed. Principal Judge, Family Courts, (North-West) Rohini, Delhi shall release the amount of `5 crores to the respondent no.2, forthwith. Miscellaneous applications are disposed of as infructuous. Dasti.

A.K. PATHAK, J FEBRUARY 10, 2017 SM