Vipin Batra & Others v. State & Another

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 977/2017 & Crl. M.A. No. 5473/2017 VIPIN BATRA & OTHERS ..... Petitioners Through :Mr. Mohit Gupta and Mr. Divit Soni, Advs.

versus STATE & ANOTHER ..... Respondents Through :Dr. M.P. Singh, APP for Ms. Kamna Vohra, ASC with Inspector Amrendra Kumar, P.S.

Mianwali Nagar for respondent no. 1 Mr. J.K. Bhola, Adv. with respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 30.03.2017 It is submitted that petitioners and respondent no. 2 have settled their disputes amicably before the Delhi Mediation Centre, Tis Hazari Courts, Delhi on 7th June, 2016, therefore, FIR No. 542/2015 under Sections 498A/406/420/34 IPC and Section 67 of the I.T. Act registered at Police Station Mianwali Nagar, on the complaint of respondent no. 2, may be quashed. Marriage of petitioner no. 1 and respondent no. 2 has already been dissolved by a decree of divorce by mutual consent on 13th January, 2017 passed by the Family Court, West District, Tis Hazari Court, Delhi. Petitioner nos. 2 to 5 are

relatives of petitioner no. 1. Respondent no. 2 is present in Court today along with her counsel and has been identified by Inspector Amrendra Kumar, P.S. Mianwali Nagar. Respondent no. 2 admits having settled the matter with the petitioner no. 1 before the Mediation Centre. Balance settled amount of `2,00,000/- has been paid by the petitioner no. 1 to the respondent no. 2 by way of a cheque bearing no. 009745 dated 30th March, 2017 drawn on Oriental Bank of Commerce, Vikaspuri Branch, New Delhi, which has been accepted by her, subject to its realization. Respondent no. 2 further submits that FIR may be quashed.

Keeping in mind the settlement arrived at between the parties and that marriage between the petitioner no. 1 and respondent no. 2 has already been dissolved, no fruitful purpose would be served to keep the criminal proceedings pending.

Accordingly, FIR No. 542/2015 under Sections 498-A/406/420/34 IPC and Section 67 of the I.T. Act registered at Police Station Mianwali Nagar and the consequent proceedings emanating therefrom are quashed, subject to realization of the cheque.

Petition is disposed of in the above terms.

Miscellaneous application is disposed of as infructuous. Dasti.

A.K. PATHAK, J.

MARCH 30, 2017/rb