Vikram Khanna & ORS v. The State ( NCT Of Delhi) & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1453/2016 VIKRAM KHANNA & ORS ..... Petitioners Through :

Ms. Mallika Parmar, Adv. for Mr.

Kunal Anand, Adv.

versus THE STATE ( NCT OF DELHI) & ORS ..... Respondents Through :

Mr. Ashish Aggarwal, ASC with SI Manish Kumar PS Shalimar Bagh.

Mr. Ashish Kapoor and Ms. Chhavi Luthra, Advs. for R-3 with R-3 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 20.07.2016 Petitioner no.1 and respondent no.3 were married on 7th June, 2010 as per the Hindu Rites and Ceremonies. Petitioner nos.2 & 3 are parents of petitioner no.1. Marital discord between the petitioner no.1 and respondent no.3 led to registration of the FIR No.196/2013 under Sections 468/120B/419 IPC registered at Police Station Shalimar Bagh. Besides this, certain other litigations were pending between the petitioner no.1 and respondent no.3. Petitioner no.1 and respondent no.3 have settled all their disputes before the Delhi Mediation Centre, Rohini Courts, Delhi on the terms and conditions as stipulated in the proceedings dated 29th September, 2015 of the

Learned Mediator.

In terms of the settlement, petitioner no.1 and respondent no.3 have already obtained a decree of divorce by mutual consent.

Except one complaint case filed by petitioner no.1 against respondent no.3, all other cases have also been withdrawn by the parties. Learned counsel for petitioner no.1 submits that application for withdrawal of the complaint case has already been filed before the Trial Court and is now listed on 30th July, 2016, as case file was not traceable. Petitioner no.1 undertakes to pursue the application before the Trial Court on the next date of hearing. Respondent no.3 is present in Court along with her counsel and has been identified by the Investigating Officer SI Manish Kumar PS Shalimar Bagh. Respondent no.2 admits that she has already received `25,65,000/- out of the settled amount. Remaining `3 Lakh has been paid by the petitioner no.1 to respondent no.3 today in court vide a demand draft, photocopy whereof has been placed on record.

Respondent no.3 submits that, in view of the settlement, she does not wish to pursue the FIR any further and the same may be quashed.

Keeping in mind that petitioner no.1 and respondent no.3 have parted their ways and settled their disputes amicably before the mediation centre, in the interest of justice, the FIR No.196/2013 under Sections 468/120-B/419

IPC registered at Police Station Shalimar Bagh and the consequent proceedings emanating therefrom are quashed.

Writ petition is disposed of in the above terms. Dasti.

A.K. PATHAK, J.

JULY 20, 2016/dk