Raju Arora & ORS v. The State Govt Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1100/2018 RAJU ARORA & ORS ..... Petitioners Through Mr. Suresh Chandra with Mr.

Rinendra Kumar, Advocates.

versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through Ms. Anita Abraham, APP for the State.

SI Sunil Chandra, PS Moti Nagar.

Mr. Mukesh Kumar Saroja, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 01.03.2018 CRL.M.C. 1100/2018 1.

The petitioners seek quashing of FIR No.1235 under Sections 406/498A/34 IPC, Police Station Moti Nagar.

2.

The subject FIR emanates out of matrimonial discord. Petitioner No.1 is the husband of respondent No.3. Petitioner No.2 is the brother of the petitioner No.1 and petitioner No.3 is the wife of the petitioner No.2. Respondent No.2 is the father of the respondent No.3. 3.

On the prayer of the learned counsel for the petitioners, the petitioner No.3, who is the sister-in-law of the respondent No.3, is granted exemption from personal appearance.

4.

Learned counsel for the petitioners submits that the parties have entered into a settlement agreement dated 05.02.2016 through the process of mediation, held at Delhi High Court Mediation & Conciliation Centre, CRL.M.C. 1100/2018

Delhi High Court, New Delhi. The parties have already been divorced by way of a decree of divorce by mutual consent, passed on 15.02.2017. 5.

The respondent No.3 was to be paid a total sum of Rs.3,80,000/- in full and final settlement of all her claims.

A sum of Rs.2,50,000/- has already been paid. The balance sum of Rs.1,30,000/- has been paid to the respondent No.3 byway of Demand Draft No.590539 dated 23.01.2018 drawn on Punjab National Bank.

6.

The respondent Nos.2 and 3 are present in person, represented by counsel and are identified by the Investigating Officer. They submit that they have settled their disputes with the petitioners and do not wish to press charges against the petitioners and prosecute the complaint any further. 7.

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 Nos.2 and 3 have stated that they do not wish to press the complaint any further and the fact that the parties have already been divorced by way of a decree of divorce by mutual consent, passed on 15.02.2017, and in the interest of justice, it would be expedient to quash the subject FIR and the consequent proceedings emanating there from. 8.

In view of the above, FIR No.1235 under Sections 406/498A/34 IPC, Police Station Moti Nagar and the consequent proceedings emanating there from are quashed.

9.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J MARCH 01, 2018/st CRL.M.C. 1100/2018