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High Court of DelhiW.P.(CRL)/2684/2016

Pawan Kumar Verma & ORS. v. State & ANR.

2016-09-15Hon'Ble Mr. Justice A.K. Pathak2 pages

$~44 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2684/2016 & Crl.M.A.14326/2016 PAWAN KUMAR VERMA & ORS.

..... Petitioners Through :

Mr. Upkar Singh Randhawa, Adv.

versus STATE & ANR.

..... Respondents Through :

Ms. Nandita Rao, ASC and Ms.

Srilina Roy, Adv. for R-1 with SI Chaman Devi PS Mandawali.

Ms. Nikita Sharma, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 15.09.2016 On the complaint of respondent no.2 (wife), the present FIR No.955/2014 was registered under Sections 498A/406/34 IPC at police station Mandawali Fazad Pur against the petitioner no.1 (husband) and his relatives, that is, petitioner nos.2 to 4. Petitioner no.1 and respondent no.2 have settled their disputes before the mediation centre, Karkardooma Courts, Delhi on 7th November, 2014.

In terms of settlement, marriage between petitioner no.1 and respondent no.2 has already been dissolved by decree of divorce dated 9th December, 2015 passed by Family Courts (East District), Vishwas Nagar, Delhi by mutual consent.

Respondent no.2 is present in

Court and admits having received `2,05,000/- out of total settled amount. Remaining amount of `1,00,000/- has been paid by petitioner no.1 to respondent no.2 vide cheque bearing no.237862 dated 15th September, 2016 for `1,00,000/- favouring respondent no.2 drawn on IDBI Bank, Hanuman Gunj, Punjabi Bagh. Respondent no.2 has accepted the cheque subject to its realization.

Respondent no.2 has no objection in case the present FIR is quashed.

In view of the settlement arrived at between petitioner no.1 and respondent no.2 before the mediation centre, the present FIR No.955/2014 registered under Sections 498A/406/34 IPC at police station Mandawali Fazad Pur is quashed, however subject to encashment of aforesaid cheque of `1,00,000/-.

Writ petition is disposed of in the above terms. Dasti.

A.K. PATHAK, J.

SEPTEMBER 15, 2016/dk