Raj Kumar v. State (Govt Of NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

RAJ KUMAR Petitioner Represented by: Mr. Chandan Singh, Advocate with petitioner in person.

versus STATE (GOVT OF NOT OF DELHI) & ANR Respondents Represented by: Ms. Nandita Rao, Additional Standing Counsel for the State with W/SI Vinod Kapoor, PS Vasant Vihar.

Mr. Deepak Singh, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

ORDER

% 12.10.2018 CrI. M.A. No. 34263/2018 (Exemption^ Allowed, subject to all just exceptions.

W.P.(CRLI 3160/2018 By the present petition, petitioner seeks quashing of FIR No. 781/2016 under Sections 498A/406 IPG registered at PS Vasant Vihar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the petitioner is the only accused and the respondent No.2 is the only complainant/ victim. W.P. (CRL) 3160/2018 By:AMULYA

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 Petitioner vide the Memorandum of Settlement dated 3'''' July, 2017, copy whereof is annexed as Annexure-P2 to the present petition. 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 No.l has to pay a sum of ?5 lakhs to respondent No.2 out of which she has already received a sum of ?3.40 lakhs and the balance amount of ?1.60 lakhs has been received by her today in Court vide Demand Draft No.

014906 dated October, 2018 drawn on HDFC Bank, Faridabad, Haryana. She further states that she has no claim whatsoever remaining against the petitioner. She further states that the minor daughter Priyanshi, bom out of the wedlock of the petitioner and respondent No.2, who is now aged five years, will remain in her care and custody and the petitioner will neither have the custody nor the visiting rights of the child. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto and will abide by the terms of settlement. 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.

same would create further acrimony between them, it would be in the 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. 781/2016 under Sections 498A/406 IPG registered at PS Vasant Vihar, 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.

OCTOBER 12, 2018 MUKTA GUPTA, J.

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