Bharat Bhushan Arora & ORS. v. State Of Delhi & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1648/2015 BHARAT BHUSHAN ARORA & ORS.

..... Petitioners Through Mr. R.S. Juneja & Mr.Yogesh Kr.

Rana, Advs.

versus STATE OF DELHI & ORS.

..... Respondents Through Mr.Rahul Mehra, Standing counsel with Mr.Jamal Akhtar & Mr.Amrit Singh, Advs.

SI Indrapal singh CAW Cell/East Distt.

Ms. Astha, Adv. For R2.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 07.08.2015 Crl.M.A No.11327/2015 Exemption granted subject to all just exceptions. Application stands disposed of.

W.P.(Crl.) 1648/2015 The petitioner no.1 who is the husband of the respondent no.2 and the other petitioners who are related to petitioner no.1, seek quashing of the FIR No.336/2013 (PS Vivek Vihar, Delhi) instituted for offence under Sections 498/406/34 of the IPC on the ground that the dispute between the husband and wife and the other petitioners has been amicably settled and decree of divorce has also been awarded.

The petitioner no.1 was married to respondent no.2 in the year 2010 in accordance with their respective religious rites. Later a case vide the subject FIR came to be filed against the petitioners at the instance of respondent no.2.

The dispute was referred to mediation centre of Karkardooma Courts, Delhi where, with the intervention of the mediators, the disputes were settled. The settlement was drawn up on 04.04.2014 whereby it was agreed upon between the parties that the petitioners would pay an amount of Rs.10 lakhs in 4 installments and that would be the full and final settlement of claim of respondent no.2.

Apart from this, the cases filed against each other was decided to be withdrawn by each side. The settlement agreement also included the obligation of the parties to ensure that the decree of divorce by mutual consent is granted at the earliest.

It has been jointly submitted on behalf of the petitioner and the respondents that all part of their respective obligation have been fulfilled with and the last installment of Rs.2.50 lakhs which is to be paid to respondent no.2 is being paid today in the Court. Mr.R.S. Juneja, learned Advocate for the petitioner hands over the draft of Rs.2.50 lakhs to respondent no.2 in the Court today, which is accepted by respondent No.2. The photocopy of the draft referred above is kept in the record for ready reference.

Considering the fact that no dispute now remains to be addressed between the parties, no useful purpose would be served in allowing this FIR to be investigated any further.

Since the parties have been amicably settled the disputes and have

agreed to part ways amicably, the FIR No.336/2013 (PS Vivek Vihar) and other resultant proceedings are quashed.

The petition is allowed and is disposed of accordingly. ASHUTOSH KUMAR, J AUGUST 07, 2015 ab