Deepak Malhotra & ORS v. State & ANR

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 553/2018 DEEPAK MALHOTRA & ORS ..... Petitioners Through Mr.Rishu Kant Sharma, Adv.

versus STATE & ANR ..... Respondents Through Ms.Kamna Vohara, ASC for the State with ASI Virender Kumar from P.S.Maya Puri.

Dr.Ashutosh and Ms.Shashi Bala, Advocates for R-2.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 20.02.2018 Crl.M.A.No.3232/2018 (exemption) Exemption is allowed subject to just exceptions. Application disposed of.

W.P.(CRL) 553/2018 & Crl.M.A.No.3231/2018 Petitioners are seeking quashing of the present FIR i.e. the FIR No.0152/2016 registered under Sections 498A/406 of the IPC at police station Mayapuri on the complaint of respondent no.2. Respondent no.2 is present in Court. Her presence has been identified by her counsel as also by the Investigating Officer. Parties had been married in the year 2003. They started living separately due to difference in the year 2014. Two children were born out of their wedlock. Elder daughter will remain in the custody of petitioner no.1

and the younger child who is also a daughter will remain in the custody of respondent no.2. Parties have been divorced by mutual consent by a decree dated 08.12.2017. In terms of their settlement a sum of Rs.3 lakhs is to be paid by petitioner no.1 to respondent no.2 out of which Rs.2 lakhs has already been paid by petitioner no.1 to respondent no.2. The balance sum Rs.1 lakh has been paid today in Court. This settles the claims inter se the parties and now no claim left against one another. The terms of the settlement are contained in para 4.6 of this petition. Parties shall be bound by the terms and conditions contained in para 4.6 of this petition and they undertake to do so.

In view of the aforenoted settlement, this is a fit case where the prayer made in the petition should be allowed. Accordingly, to secure ends of justice, FIR No.0152/2016 registered under Sections 498A/406 of the IPC at police station Mayapuri and all the proceedings emanating therefrom stands quashed. Petition disposed of.

Order dasti under signatures of the Court Master. INDERMEET KAUR, J FEBRUARY 20, 2018 ndn