Mohit Grover & ORS. v. State

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MOHIT GROVER & ORS.

..... Petitioners Represented by:

Mr.Sanjeev Kumar Arora and Mr.Akshay Sachdeva, Advocates versus STATE ..... Respondent Represented by:

Ms.Kamna Vohra, ASC for the State with SI Sudhir Rathi, PS Vikas Puri

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 18.12.2018 1.

By this petition, the petitioners seek quashing of FIR No.330/2017 under Sections 498A/406/509/34 IPC registered at PS Vikas Puri on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. 2.

Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the three petitioners are the only accused and the respondent No.2 is the only complainant/victim. 3.

Respondent No.2 who is present in Court and is identified by the Investigating Officer states that she has settled the matter with the petitioners vide settlement agreement dated 9th October, 2017 copy whereof is annexed with the decree sheet for divorce by mutual consent pursuant

whereto marriage between the petitioner No.1 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.1 has to pay a sum of ₹40,00,000/- to respondent No.2 out of which she has already received a sum of ₹35,00,000/- and the balance amount of ₹5,00,000/- has been received by her today in Court vide Demand Draft No.011960 drawn on HDFC Bank. From the wedlock of petitioner No.1 and respondent No.2 a minor child Yash Grover was born on 2nd April, 2014 who would remain in the care and custody of respondent No.2 and the petitioners would neither have custody nor the visitation rights. She further states that she has no claim whatsoever remaining against the petitioners. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto and undertakes to abide by the terms of settlement.

4.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties 5.

In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the 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.

6.

Consequently, FIR No.330/2017 under Sections 498A/406/509/34 IPC registered at PS Vikas Puri and proceedings pursuant thereto are hereby quashed.

7.

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

8.

Petition and application are disposed of. Order dasti. MUKTA GUPTA, J.

DECEMBER 18, 2018 mamta