Vishal Damor & ORS v. The State & ANR

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1661/2016 VISHAL DAMOR & ORS ..... Petitioner Through:

Mr. V.K.Malik,Advocate versus THE STATE & ANR ..... Respondent Through:

Mr.Rahul Mehra, ASC with SI Pratibha Sharma

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 13.07.2016 This writ petition has been filed to seek quashing of case FIR No. 110/2014 dated 28.04.2014 under Sections 406/498A/34 IPC registered at Police Station Defence Colony upon the complaint of respondent No.2-the erstwhile wife of petitioner No. 1 Vishal. The petitioner Nos. 2, 3 and 4 are the father, mother and sister of petitioner No. 1 respectively. The petitioner No. 1 and respondent No. 2 were married on 27.02.2009. Differences arose between the parties and they separated. Respondent No. 2 filed the complaint which led to registration of the aforesaid FIR. The parties arrived at a settlement on 01.10.2014 where under they agreed to part ways by obtaining divorce by mutual consent. Under the

settlement, respondent No. 2 agreed to accept Rs. 48 lakhs in full and final settlement of all the claims. Respondent No. 2 is present in Court. She is represented by counsel and is identified by the IO. Respondent No. 2 states that she entered into a settlement on her own free will and without any undue pressure or coercion. She states that divorce by mutual consent has been obtained and she has also received the amount of Rs. 48 lakhs. She states that the FIR may be quashed.

In view of the aforesaid, the petition is allowed and the FIR No. 110/2014 dated 28.04.2014 under Sections 406/498A/34 IPC registered at Police Station Defence Colony, is quashed. The original passports of the petitioners, if deposited with the trial court, be returned to the petitioners. Dasti.

VIPIN SANGHI, J JULY 13, 2016 sl