Amitabh Kumar & ORS v. State & ANR

$~51 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2841/2017 AMITABH KUMAR & ORS.

..... Petitioners Through :Mr. Arjun Dewan and Mr. A.K.

Pathak, Advs.

versus STATE & ANR ..... Respondents Through :Mr. Amit Gupta, APP with ASI Nand Kishor, P.S. DWK/South for respondent no. 1 Mr.

Anurag Sharma, Adv.

with respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 25.07.2017 Crl. M.A. no. 11765/2017 (exemption) Allowed, subject to all just exceptions. Application is disposed of. CRL. M.C. No. 2841/2017 It is submitted that petitioner no. 1 and respondent no. 2 have settled their disputes amicably before Delhi High Court Mediation and Conciliation Centre on 11th December, 2015, therefore, FIR No. 100/2014 under Sections 498-A/406/34 IPC registered at Police Station Dwarka South on the complaint of respondent no. 2, may be quashed. Petitioner nos. 2 to 4 are

relatives of petitioner no. 1. Respondent no. 2 is present in Court along with her counsel and has been identified by ASI Nand Kishor, P.S.

Dwarka/South.

Respondent no. 2 submits that she has settled the matter with the petitioner no. 1 in the Mediation Centre. Respondent no. 2 further submits that her marriage with the petitioner no. 1 has already been dissolved by a decree of divorce by mutual consent dated 20th January, 2017 passed by the Principal Judge, Family Courts, South-East, Saket, New Delhi. Respondent no. 2 further submits that she has already received `32,00,000/- out of the settled amount of `50,00,000/-. She further submits that in terms of the settlement, `18,00,000/- is payable; out of which, `3,00,000/- was to be paid to their son, namely, Aryan, who was minor at the time of settlement, but has now turned major.

She further submits that their son Aryan has instructed her not to receive `3,00,000/- on his behalf since he wishes to reserve his rights to take any other legal remedy, as may be available to him against the petitioner no.1. Accordingly, she has not received `3,00,000/- offered to her.

Petitioner no. 1 has paid `15,00,000/- to the respondent no. 2 today in Court towards the balance settled amount, in terms of the Settlement Agreement, vide a demand draft; photocopy whereof has been placed on record as Annexure P-12.

Respondent no. 2 further

submits that she has no objection in case FIR is quashed. Keeping in view the settlement arrived at between the petitioners and respondent no. 2, in the interest of justice, FIR No. 100/2014 under Sections 498-A/406/34 IPC registered at Police Station Dwarka South and the consequent proceedings emanating therefrom are quashed Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

JULY 25, 2017 rb