Yash Kapoor & ORS v. Govt Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1626/2014 YASH KAPOOR & ORS ..... Petitioners Through Ms. Gita Dhingra, Advocate with petitioner Nos.3, 4 and 5 in person.

versus GOVT OF NCT OF DELHI & ANR ..... Respondents Through Mr. Arun Kumar Sharma, APP.

SI Deepak, PS Janakpuri.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 09.01.2018 CRL.M.C.

1626/2014 & Crl.M.A.5484/2014 (stay) & Crl.M.A.18930/2017 (quashing) 1.

Consequent to order dated 21.11.2017, petitioner Nos.3 to 5, i.e. Smt. Sunita Kapoor, Sh. Rishi Kapoor and Smt. Namita Kapoor are present in person. They are represented by their counsel and are identified by the Investigating Officer.

2.

The petitioners, by the present petition, seek quashing of FIR No.147/2012 under Section 498-A/406 IPC, Police Station Janakpuri. The subject FIR has been registered on the complaint of the respondent No.2, the wife of the petitioner No.1, against petitioner No.1, his father and mother, who are petitioner Nos.2 and 3, his brother - petitioner No.4 and sister-in-law (wife of the brother) - petitioner No.5. The allegations emanate out of a matrimonial discord.

The parties have settled their disputes, which were settled during the proceedings conducted in the Mediation Centre, Tis Hazari Courts, Delhi as well as the Delhi High Court Mediation & Conciliation Centre.

3.

In terms of the settlement, the respondent No.2 has received a sum CRL.M.C. 1626/2014

of Rs.9,00,000/-, out of which, the balance payment of Rs.3,00,000/- was received on 21.11.2017, as is recorded in her statement, which was recorded in Court on the said date. The respondent No.2, in her statement, has affirmed the Settlement Agreement and has affirmed that she has no objection if the subject FIR No.147/2012 under Section 498-A/406 IPC, Police Station Janakpuri and the proceedings emanating there from are quashed.

4.

In view of the fact that the proceedings emanate out of a matrimonial discord and the parties have fully and finally settled their disputes and the respondent No.2 has stated that she does not wish to press the complaint any further, and in the interest of justice, in my view, it would be expedient to quash FIR No.147/2012 under Section 498-A/406 IPC, Police Station Janakpuri and the consequent proceedings emanating there from.

It may also be noticed that the petitioner No.1 and the respondent No.2 have already dissolved their marriage by divorce on the ground of mutual consent, the second motion of which was allowed on 21.11.2017.

5.

In view of the above, FIR No.147/2012 under Section 498-A/406 IPC, Police Station Janakpuri and the consequent proceedings emanating there from are quashed.

6.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J JANUARY 09, 2018 st CRL.M.C. 1626/2014