Surinder Singh & ORS v. State (NCT Of Delh) & ANR

$~3 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3588/2019 SURINDER SINGH & ORS ..... Petitioners Through Mr R.P. Singh, Advocate with petitioners in person.

versus STATE (NCT OF DELH) & ANR ..... Respondents Through Mr Karanjeet Rai Sharma, Advocate for Ms Kamna Vohra, ASC for State.

ASI Ravinder Kumar, P.S. Vijay Vihar.

Mrs Lekha Saroj Gautam, Advocate for R2 with R2 in person.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 31.01.2020 CRL.M.A. 43444/2019 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

W.P.(CRL) 3588/2019 3.

The petitioners have filed the present petition, inter alia, praying that the FIR No. 592/2017 under Sections 498-A/406/34 of the IPC registered with PS Vijay Vihar 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 she had filed the aforementioned FIR in view of matrimonial disputes that

had arisen between her and her husband (petitioner no.1). She states that she has since resolved all her disputes in terms of the Settlement Deed dated 18.07.2019.

5.

In terms of the said settlement deed, petitioner no.1 had agreed to pay a sum of ₹2,50,000/- in full and final settlement of all the claims of respondent no.2. Petitioner no.1 and respondent no.2 have also secured a decree of divorce by mutual consent. Respondent no.2 acknowledges that she has already received a sum of ₹1,75,000/- and states that with the receipt of the balance amount of ₹75,000/-, she would have no further claims or grievances against the petitioners.

6.

The petitioners are present in Court and are identified by their counsel. The petitioner no.1 has today handed over a banker's cheque for an amount of ₹75,000/- made by State Bank of India to respondent no.2. Respondent no.2 has accepted the said banker's cheque as full and final settlement of all her claims. With the receipt of the said banker's cheque respondent no.2 states that she has no grievances against the petitioners and joins them in praying that the FIR in question be quashed. The petitioners also state that they have no further grievances against respondent no.2. 7.

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

8.

Accordingly, FIR No. 592/2017 under Sections 498-A/406/34 of the IPC registered with PS Vijay Vihar and all proceedings emanating therefrom, are quashed.

9.

The petitioners and respondent no.2 shall sign this order as an acknowledgement of the statements recorded herein. VIBHU BAKHRU, J JANUARY 31, 2020 pkv