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High Court of DelhiW.P.(CRL)/2624/2018

Mukul Bhaskar v. The State (NCT Of Delhi) & ANR.

2018-09-04Hon'Ble Ms. Justice Mukta Gupta3 pages

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MUKUL BHASKAR ..... Petitioner Represented by:

Mr. Vasdev Lalwani, Mr. Rohit Gaulani and Mr. Mohit Gaulani, Advocates.

versus THE STATE (NCT OF DELHI) & ANR.

..... Respondent Represented by:

Mr. Jamal Akhtar, Advocate for Mr. Rahul Mehra, Standing Counsel with SI Deepak Kumar, PS Lajpat Nagar.

Mr. Sunil Satyarthi and Mr.

Pushp. P. Advocates for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 04.09.2018 By the present petition the petitioner seeks quashing of FIR No. 532/2016 under Sections 498A/406/34 IPC registered at PS Lajpat Nagar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned proxy counsel for learned Standing Counsel for the State on instructions submits that in the above noted FIR the petitioner is the only accused against whom the charge sheet was filed. Petitioner's sister and mother were kept in column No. 12, however, they have not been

summoned. He further states that respondent No.2 is the only complainant/ victim.

Respondent No. 2 who is present in Court and is identified by the learned counsel and Investigating Officer states that she has settled the matter with the petitioners before the Mediation Centre, Saket Court, Delhi on 7th February, 2018, copy whereof is annexed as Annexure P3 of the paper book. In terms of the settlement marriage between the Petitioner and Respondent No.2/complainant has been dissolved by a decree of divorce by mutual consent. As full and final settlement of all the claims, that is, maintenance, streedhan and alimony etc. of the Respondent No. 2, the petitioner has to pay a sum of ₹30 lakhs to respondent No.2 out of which she has already received a sum of ₹20 lakhs and the balance amount of ₹10 lakhs has been received by her today in Court by way of a Bankers cheque No.

111609 drawn on State Bank of India dated 3rd September, 2018. She further states that she has now no claim whatsoever remaining against the petitioner. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. She further undertakes to abide by the terms of settlement arrived at between the parties. Petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2 and undertakes to abide by the terms of settlement arrived at between the parties.

interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No. 532/2016 under Sections 498A/406/34 IPC registered at PS Lajpat Nagar, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

SEPTEMBER 04, 2018 'yo'