High Court of DelhiW.P.(CRL)/718/2016

Ashwani Verma v. State ( Govt Of NCT Of Delhi) & ANR

2016-07-25Hon'Ble Mr. Justice Vipin Sanghi2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 718/2016 ASHWANI VERMA ..... Petitioner Through:

Mr. Amit Sahni and Vaibhav Mishra, Advocates versus STATE ( GOVT OF NCT OF DELHI) & ANR ..... Respondent Through:

Mr. Rajesh Mahajan, ASC a/w SI Arvind Verma, PS Shakarpur Mr. Gaurav Kochhar for R-2

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 25.07.2016 The petitioner has preferred the present petition to seek the quashing of FIR No.893/2011 dated 16.11.2011 under Section 498A/406/34 IPC registered at PS Shakarpur on the complaint of respondent No.2/complainant. The petition is premised on a settlement arrived at between the petitioner and respondent No.2/ complainant. The petitioner got married to respondent No.2 on 14.01.2001. Disputes arose between them which led to the registration of the aforesaid FIR.

Though, initially the settlement amount was Rs.8.50 lacs, the same was renegotiated at Rs.17 lacs. The parties have obtained divorce by mutual consent in terms of the revised agreement.

Respondent No.2, who is present, is identified by her counsel. She states that she has received Rs.12.50 lacs under the settlement. Learned counsel for the petitioner has tendered in court a pay order for Rs.3.50 lacs in favour of respondent No.2, and she has accepted the same. The petitioner has also handed over the school leaving certificate of the girl child to respondent No.2 in court.

Learned counsel for the petitioner states that the petitioner had deposited an amount of Rs.1 lakh under the orders of this court in Bail Appl No.1808/2012, which is lying deposited with the Registrar General of this court. It is agreed that the said amount along with accrued interest thereon be released to respondent No.2 towards payment of the balance amount. Respondent No.2 states that she has arrived at the settlement out of her own free will and consent. She also joins the prayer for quashing of the FIR.

In the aforesaid circumstances, no useful purpose would be served in keeping the FIR and the proceedings arising therefrom pending. Accordingly, the FIR stands quashed. The petition stands disposed of. In case respondent No.2 applies for release of the amount deposited in this court, the same shall be released, as noted above, without any delay. VIPIN SANGHI, J JULY 25, 2016 sr