Rohit Bohra & ORS v. The State ( NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1811/2015 ROHIT BOHRA & ORS ..... Petitioner Through:

Ms.Deepika Raghav, Adv.

versus THE STATE ( NCT OF DELHI) & ANR ..... Respondent Through:

Mr. Rajesh Mahajan, ASC for the State with SI Om Prakash, PS Amar Colony Mr.Manish Singh Bisht, proxy counsel for Mr.Jivesh Kumar for R-2

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 24.08.2015 Crl.M.A.12149/2015 Exemption granted subject to all just exceptions. Application stands disposed of.

W.P.(CRL) 1811/2015 The petitioner No.1 is husband of respondent No.2 whereas petitioners No.2 and 3 are the parents of petitioner No.1. The present petition has been filed for quashing of the FIR No.766/2014 dated 12.9.2014 (P.S. Amar Colony, South East District) instituted under Sections 498, 406 and 34 IPC. It has been submitted on behalf of the petitioners that petitioner No.1 was married to respondent No.2 in the year 2012. After the marriage, serious differences arose between the parties and petitioner No.1 left the home

without letting respondent No.2 know about his movement. The respondent No.2 , the wife, in the first instance, filed a missing report in Mangol Puri Police Station and thereafter preferred a writ of habeas corpus seeking direction to the authorities for production of petitioner No.1. The aforesaid petition was disposed of and the matter was sent to Mediation Centre. The mediation was not fruitful as the petitioner No.1 did not appear. These facts led to lodging of a complaint by respondent No.2 against the petitioner with CAW Cell, Nanak Pura. The aforesaid complaint in turn led to the filing of subject FIR which is sought to be quashed. While the anticipatory bail application of the petitioner No.1 was being prosecuted, the matter was sent to Mediation Centre of Saket Court for the needful.

With the efforts of the Mediator at the Saket Courts, parties decided to settle their differences and part ways amicably. As part of agreement/settlement dated 18.12.0214, it was agreed upon by the parties that respondent No.2 would be given an amount of Rs.17 lakhs by way of demand draft which would be towards full and final settlement of all her claims, privileges and interest (present, past and future). The settlement referred to above disclosed the number of instalments in which the agreed amount had to be paid, the last instalment being of Rs.7lakhs. A draft of Rs.7 lakhs is being handed over to the respondent no.2 today in Court in the presence of her counsel. Respondent No.2 has accepted the draft and has no objection with respect to the prayer made by the petitioners for quashing of the First Information Report.

As part of the agreement, it was also decided that a joint prayer would be made by the petitioner No.1 and respondent No.2 for seeking divorce. A decree of divorce has already been passed.

In the aforementioned facts, no useful purpose would be served in allowing this FIR to be investigated any further. As a result thereof, the subject FIR namely FIR No.766/2015 and all the emanating proceedings thereof are hereby quashed.

The petition is disposed of.

ASHUTOSH KUMAR, J AUGUST 24, 2015 ns