Amit Kumar @ Amitabh Sanwal & ORS v. The State & ANR

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1965/2016 AMIT KUMAR @ AMITABH SANWAL & ORS ..... Petitioners Through:

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

Ms. Richa Kapoor, Ms. Mallika Parmar, Mr.

Ashish Negi & Ms.Seema Patnaha, Advocates along with ASI Dharmvir Singh, PS-CWC, Nanak Pura, for the State.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 21.07.2016 Crl. M.A. No. 10280/2016 Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(CRL) 1965/2016 Respondent No.2 is present in Court. She is identified by the IO. She has also produced her Aadhaar Card, which has been shown to the Court and returned.

The petitioner has filed the present petition seeking quashing of FIR

No.83/2015 registered on the complaint of respondent No.2 under Sections 498A/ 406/ 34 IPC against the petitioners. The petitioner No.1 and the respondent No.2 are married according to Hindu rites on 27.04.2012. Since disputes arose between the parties, they started living separately and respondent No.2 filed her complaint leading to registration of the aforesaid FIR at Police Station - CWC, Nanak Pura, New Delhi. The parties have arrived at a settlement on 20.10.2015, which has been placed on record. They have agreed to obtain divorce by mutual consent. Under the settlement, the petitioners agreed to pay Rs.4,80,000/- to the respondent No.2 in full and final settlement of all her claims. An amount of Rs.4 Lakhs already stands paid to the respondent No.2. The petitioner has produced a pay order bearing No.083556 dated 27.04.2016 for Rs.80,000/- drawn in favour of respondent No.2. The said pay order has been tendered to respondent No.2, which has been accepted by her. Respondent No.2 states that she joins the prayer for quashing of the FIR in question.

Accordingly, no useful purpose would be served in proceeding further with the FIR in question and the proceedings arising therefrom. The same are hereby quashed.

Dasti.

VIPIN SANGHI, J JULY 21, 2016 B.S. Rohella