High Court of DelhiW.P.(CRL)/3102/2017

Sumedh Bhandari & ANR v. State (Govt Of NCT Of Delhi) & ANR

2017-11-09Hon'Ble Mr. Justice Najmi Waziri2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3102/2017 SUMEDH BHANDARI & ANR ..... Petitioners Through:

Mr. C.S. Bhandari and Mr. Rahul Bora, Advocates.

versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through:

Ms. MeghaBahl, Advocate for Mr.

Avi Singh, ASC. ASI Balwant Singh, P.S. Nanak Pura.

Mr. Ramesh Chand Kalra, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 09.11.2017 This petition seeks quashing of FIR no. 86/2016 registered under Sections 498-A/406/34 I.P.C, Police Station-Nanakpura, Delhi in view of the amicable settlement arrived at between the parties by way of settlement deed dated 12.12.2016. The said application is supported by affidavits of the petitioner and respondent no. 2, Ms. Swati. As per the settlement, an amount of Rs. 15.75 lacs is payable to Ms. Swati. She has settled all her claims against petitioner no. 1. Of this amount, Rs. 10.75 lacs has already been received by her. Rs. 5 lacs has been paid to her in Court through her counsel by way of Banker's Cheque no. 964978 dated 17.10.2017 drawn on SBI, Anand Vihar Branch, New Delhi.

She has received her all personal belongings, jewellery, etc. She has no claim against the petitioner.

As per the settlement, the father of the

Master Divyansh, the child of the petitioner no. 1 and respondent no. 2, will have no claim of visitation rights on the child. This, however, does not preclude Master Divyansh from his claim as may be available to him in law apropos his father.

The parties are present in Court and have been identified by the respective counsel. They reiterate the terms of the settlement deed and undertake to be bound by the same. Their undertaking is accepted and they shall be bound by the same.

Since the respondent no. 2/complainant does not wish to pursue the complaint any further and would not support her grievance in trial, in view of the aforesaid settlement, the aforesaid FIR no. 86/2016 would have in effect be shorn of all substance and any further proceedings pursuant to the FIR would be an exercise in futility.

In the circumstances, the aforesaid FIR no. 86/2016 registered under Sections 498-A/406/34 I.P.C, Police Station-Nanakpura, Delhi and proceedings emanating from the FIR are quashed. The petition is disposed off.

NAJMI WAZIRI, J NOVEMBER 09, 2017 RW