Amarjet Singh Malhotra & ANR. v. State & ANR.
■Tv- -•-/ $-52-53 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3275/2016 AMARJEET SINGH MALHOTRA & ANR.
Petitioner Represented by:
Mr. Raj an Khosla, Adv.
versus THE STATE & ANR.
Respondent Represented by:
Ms. Meenakshi Chauhan, APP with SI Sandeep Sharma, PS Vasant Kunj (N) + CRL.M.C. 3276/2016 AMARJET SINGH MALHOTRA & ANR.
Petitioner Represented by: Mr. Raj an Khosla, Adv.
versus STATE & ANR.
Respondent Represented by:
Ms. Meenakshi Chauhan, APP with SI Sandeep Sharma, PS Vasant Kunj (N)
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 07.09.2016 By the two petitions the petitioners seek quashing of FIR Nos. 198/20 Hand 250/2012 registered at PS Vasant Kunj (North) under Section 31 of Protection of Women from Domestic Violence Act, 2005 on the ground that the parties have settled the matter. CRL.M.C. 3275/2016 & CRL.M.C. 3276/2016 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.
Respondent No. 2 is present in Court and is identified by the Investigating Officer. She states that she has settled the matter with the petitioners. Divorce was granted to the respondent No.2 on a petition filed by her against petitioner No.l. Vide the settlement deed dated 19'^ December, 2015 the parties have agreed into a settlement whereby both the children Anureet Malhotra and Ay an Jass Malhotra are in the care and custody of respondent No.2. The petitioner No.l has already paid a sum of ^10 lakhs by way of two fixed deposits for the children and also relinquished his share in the property mentioned in the settlement deed. The petitioner No.l has also agreed to pay a sum of ?
15,000/- each per month between 7^*^ to 15^^ day of each calendar month towards maintenance of the children during the period of graduation, coaching classes etc. and till the completion of post-graduation. Respondent No.2 has already withdrawn the complaint filed by her under Protection of Women from Domestic Violence Act before the learned Trial Court, thus the proceedings pursuant thereto resulting in the registration of above-noted FIR be quashed. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 noted above. They also state that they will abide by the terms of settlement arrived at between the parties.
In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings CRL.M.C. 3275/2016 CRL.M.C. 3276/2016
pursuant thereto. There is no legal impediment in quashing the FIR in question.
Consequently, FIR Nos. 198/20Hand 250/2012 registered at PS Vasant Kunj (North) under Section 31 of Protection of Women from Domestic Violence Act, 2005 and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
The petitions are disposed of. Order dasti.
MUKTA GUPTA, J.
SEPTEMBER 07, 2016 'ga'
^ 1^'-7_ cr ^vko7/f7J CRL.M.C. 3275/2016 <&. CRL.M.C. 3276/2016