Vivek Maheshwari & ORS v. State & ANR

$~56 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1143/2018 VIVEK MAHESHWARI & ORS ..... Petitioners Through Mr. Brahmanand Gupta, Advocate.

versus STATE & ANR ..... Respondents Through Ms. Anita Abraham, APP for the State.

SI Satish Lohia, PS Hauz Khas.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 06.03.2018 Crl.M.A.4163/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 1143/2018 1.

The petitioners seek quashing of FIR No.610/2016 under Sections 406/498-A/34 IPC, Police Station Hauz Khas.

2.

The subject FIR emanates out of matrimonial discord. Petitioner No.1 is the husband of respondent No.2.

3.

Learned counsel for the parties submit that the parties have agreed to part ways and take divorce by mutual consent. The First Motion under Section 13B(1), Hindu Marriage Act has already been allowed and the Second Motion has been moved by the parties and the next date is 13.03.2018 before the Family Court at Haldwani, Uttrakhand. CRL.M.C. 1143/2018

4.

The parties undertake that they shall appear before the concerned Family Court at Haldwani, Uttrakhand for recording their statements for the Second Motion.

5.

The respondent No.2 is present in person and is identified by the Investigating Officer. She confirms that she has received the entire amount of Rs.12,50,000/- in full and final settlement of all her claims. She submits that does not wish to press charges against the petitioners and prosecute the complaint any further.

6.

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, it would be expedient to quash the subject FIR and the consequent proceedings emanating there from.

7.

In view of the above, FIR No.610/2016 under Sections 406/498A/34 IPC, Police Station Hauz Khas and the consequent proceedings emanating there from are quashed.

8.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J MARCH 06, 2018 st CRL.M.C. 1143/2018