Nikhil Kumar & ORS v. The State & ANR

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1969/2016 NIKHIL KUMAR & ORS ..... Petitioners Through:

Mr.Rakesh Beniwal and Mr. Sumit Aggarwal, Advs.

versus THE STATE & ANR ..... Respondents Through:

Ms.Srilina Roy, Adv. for Ms. Nandita Rao, ASC for State.

SI Sapan Kumar, PS Kanjhawala.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 13.07.2016 This petition has been filed to seek the quashing of FIR No.617/2014 under Section 406/498A/34 IPC registered at PS Kanjhawla, Delhi on the compliant of respondent No.2. The petitioner and respondent No.2 were married on 06.12.2011. However, differences arose between the parties which led to the filing of the aforesaid FIR. The parties have arrived at a mutual settlement on 10.12.2015 whereunder they agreed to part ways by obtaining divorce by mutual consent. Under the settlement, the petitioner agreed to make a payment of Rs.3 lacs in full and final settlement of all her claims.

The parties have obtained divorce by mutual consent on 06.05.2016. Admittedly, an amount of Rs.1.70 lacs already stands paid. The petitioner

has handed over a pay order of Rs.1.30 lacs towards the balance amount to respondent No.2 in court today. Respondent No.2, who is present in court, is represented through counsel who identifies her. The I.O. also identifies her. The complainant 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. Accordingly, the petition is allowed and the FIR in question stands quashed.

VIPIN SANGHI, J JULY 13, 2016 sr