Sh. Amit & ORS v. State (NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 113/2020 & CRL.M.A. 763/2020, CRL.M.A. 765/2020 & CRL.M.A. 766/2020 SH. AMIT & ORS ..... Petitioners Through:

Mr Anil Kumar, Advocate.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Through:

Ms Kamna Vohra, ASC (Crl.) for State with SI Pritosh, PS Burari, Delhi.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 16.01.2020 1.

The petitioners have filed the present petition, inter alia, praying that FIR No.0226/2016 under Sections 498A/406/34 of the IPC, registered with PS Burari 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 the Court and is identified by the Investigating Officer. Respondent no.2 states that she has resolved all her grievances with the petitioners in terms of a Settlement Agreement dated 03.01.2018. She further states in terms of the said agreement, her husband (petitioner no.1) had agreed to pay a sum of ₹18,50,000/- in full and final settlement of all her

claims. She claims that he has since received a sum of ₹15,00,000/- and is required to receive a further sum of ₹3,50,000/-. She states that in addition to the amount as mentioned in the said settlement agreement, the petitioner has also agreed to pay a further sum of ₹20,000/- on account of the delay in payment of the aforesaid amount.

She states that with the receipt of the aforesaid amount, she would have no grievances or claims against the petitioners.

3.

The petitioners are also present in the Court and are identified by their counsel. The petitioners have today handed over a demand draft for a sum of ₹3,50,000/- (DD No. 514836 dated 15.01.2020 drawn on ICICI Bank) to respondent no.2.

Petitioner no.1 further undertakes to pay a sum of ₹20,000/- to respondent no.2 on or before 20.01.2020. The petitioners further state that they have no grievances against respondent no.2. Both the parties (petitioners and respondent no.2) pray that the FIR in question be quashed.

4.

In view of the statements made by the concerned parties (petitioners and respondent no.2) and the undertaking given by petitioner no.1 to pay further sum of ₹20,000/-, this Court considers it apposite to allow the present petition.

5.

Accordingly, FIR No.0226/2016 under Sections 498A/406/34 of the IPC, registered with PS Burari and all proceedings emanating therefrom, are quashed.

6.

All pending applications are also disposed of.

7.

The concerned parties (petitioners and respondent no.2) shall sign this order as an acknowledgment of the statements/undertaking recorded herein. VIBHU BAKHRU, J JANUARY 16, 2020 MK