Gagan Grover & ORS v. Govt Of NCT Of Delhi & ANR

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3893/2018 GAGAN GROVER & ORS .... Petitioners Through:

Ms. Gita Dhingra, Adv. with the petitioners in person versus GOVT OF NCT OF DELHI & ANR .... Respondents Through:

Mr. Kamal Kumar Ghei, APP with SI Badlu Ram, PS Janakpuri, Delhi R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 25.03.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.503/2016 under Sections 498-A/406/34 of the Indian Penal Code, 1860 (IPC), registered at Police Station Janakpuri, New Delhi and the proceedings emanating therefrom.

2.

Respondent No.2 has filed a fresh affidavit as well as her proof of identity on record.

3.

The petitioners and respondent No.2, as well as the learned counsel for the petitioners submitted that the parties have settled the matter and have entered into a Memorandum of Understanding (MoU) dated 1.3.2017 in pursuance whereof, the marriage between petitioner No.1 and the respondent No.2 has been dissolved vide a

decree of divorce dated 6.12.2017.

4.

The Investigating Officer („IO‟), who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified the settlement arrived at between the parties. 5.

The petitioners and the respondent No.2 stated that the settlement was arrived at between the parties on their own free will, without any force, pressure or coercion, in terms whereof the petitioners have to pay the balance amount of Rs.2,00,000/- to the respondent No.2 in the form of the LIC policy having one time premium in favour of Anahita Grover, the minor daughter of the petitioner No.1 and the respondent No.2. Respondent No.2 submitted that in case the petitioners hand over her the LIC policy amounting to Rs.2,00,000/- in terms of the settlement arrived at between the parties, she has no objection to the petition being allowed and the FIR being quashed.

6.

Learned counsel for the petitioners submitted that the petitioners have handed over the LIC policy bearing No.118519546 for an amount of Rs.2,06,628/- to the respondent No.2 in the Court today. The parties submitted that in view of the handing over of the LIC policy as well as in the interest of justice, the aforesaid petition may be allowed.

7.

In view of the aforesaid circumstances and the settlement arrived at between the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR

No.503/2016 under Sections 498-A/406/34 of the IPC, registered at Police Station Janakpuri, New Delhi and all the consequential proceedings arising out of the FIR are quashed. 8.

Parties shall remain bound by the terms and conditions of the MoU dated 1.3.2017.

9.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MARCH 25, 2019/rk