Gaurav Kumar Banchariya & ORS v. State ( NCT Of Delhi ) & ANR

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + GAURAV KUMAR BANCHARIYA & ORS ... Petitioners Represented by:

Mr.Faisal Naseem with Mr.Dipanshu Sharma and Ms.Mahetaba Asrar, Advocates versus STATE ( NCT OF DELHI ) & ANR ... Respondents Represented by:

Mr.Avi Singh, ASC for the State with Ms.Suman Saharan, proxy counsel for Mr.R.S.

Kundu, ASC for the State ASI Laxmi, PS CWC Malviya Nagar Mr.Jitender Chaudhary with Mr.Mohit Singh, Advocate for respondent No.2

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 23.07.2018 By the present petition, the petitioners seek quashing of FIR No.79/2017 under Sections 498A/406/34 IPC registered at Crime Against Women Cell, Malviya Nagar, New Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the six petitioners are the only accused

and the respondent No.2 is the only complainant/ victim. Respondent No. 2 who is present in Court and is identified by the learned counsel and Investigating Officer states that she has settled the matter with the petitioners vide Memorandum of Understanding dated 24th July, 2017, copy whereof is annexed as Annexure-B to the present petition. In terms of the settlement marriage between the Petitioner No.1 and Respondent No.2/complainant has been dissolved by a decree of divorce by mutual consent. In full and final settlement of all her claims i.e. maintenance, streedhan and alimony etc. respondent No. 2 is entitled to receive a sum of ₹8,00,000/- out of which she has already received ₹5,50,000/- and the balance amount of ₹2,50,000/- has been received by her today in Court by vide Bankers Cheque No.497239 dated 7th June, 2018.

She states that she has no claim whatsoever remaining against the petitioners and in terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. She further states that she will abide by the terms of Memorandum of Understanding dated 24th July, 2017 arrived at between the parties. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement dated 24th July, 2017 arrived at between the parties.

pursuant thereto. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No.79/2017 under Sections 498A/406/34 IPC registered at Crime Against Women Cell, Malviya Nagar, New Delhi and proceedings pursuant thereto are hereby quashed. Petition is disposed of. Order Dasti.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

MUKTA GUPTA, J.

JULY 23, 2018 'rk'