High Court of DelhiW.P.(CRL)/2404/2016

Sourabh Bajaj & ORS v. State Of NCT Of Delhi & ANR

2016-08-16Hon'Ble Mr. Justice A.K. Pathak3 pages

$~47 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2404/2016 SOURABH BAJAJ & ORS.

..... Petitioners Through :Mr.

Alok Bhachawat and Ms.

Devyani Bhatt, Advs.

versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through :Ms. Richa Kapoor, ASC for the respondent no. 1 with SI Sandeep Yadav, P.S. Vashant Kunj North Ms.

Tavishi Chandra, Adv.

for respondent no. 2 with respondent no.

2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 16.08.2016 Crl. M.A. No. 12676/2016 (exemption) Allowed, subject to all just exceptions. Application is disposed of. W.P.(CRL) No. 2404/2016 Petitioner no. 1 and respondent no. 2 were married on 27th February, 2009 according to the Hindu rites and ceremonies. With the passage of time, their relations got strained and they started living separately since 3rd May, 2012.

On the complaint of respondent no. 2, present FIR No.

217/2014 under Sections 498-A/406/34 IPC was registered at Police Station Vashant Kunj North against the petitioners.

Petitioner nos. 2 to 6 are relatives of petitioner no. 1.

Petitioner no. 1 and respondent no. 2 have settled their disputes on 26th March, 2015 before the Counselling Cell, Family Court, North West, Rohini, Delhi. Respondent no. 2 is present in Court and has been identified by SI Sandeep Yadav, P.S. Vashant Kunj North. Petitioner no. 1 and respondent no. 2 submit that terms of settlement have been partially complied with. First motion was accepted by the Family Court on 29th July, 2015 when `15,00,000/- were paid by the petitioner no. 1 to respondent no. 2. Marriage between the petitioner no. 1 and respondent no. 2 has already been dissolved by a decree of divorce by mutual consent on 28th March, 2016 and on that occasion, `30,00,000/- has been paid. Remaining amount of `15,00,000/- has been paid today through a demand draft, photocopy whereof has already been annexed with the petition.

Respondent no. 2 admits having received the entire settled amount and states that she has no objection in case FIR is quashed. Keeping in mind the fact that parties have settled their disputes amicably, inasmuch as petitioner no. 1 and respondent no.

proceedings pending.

In the interest of justice, FIR No. 217/2014 under Sections 498-A/406/34 IPC registered at Police Station Vashant Kunj North and the consequent proceedings emanating therefrom are quashed. Writ petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

AUGUST 16, 2016 rb