Kamaldeep Ahuja v. State & ANR

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + KAMALDEEP AHUJA ... Petitioner Represented by:

Ms.Reema Kalra with Mr.Animesh Gaba, Advocates versus STATE & ANR .... Respondents Represented by:

Mr.Jamal Akhtar, Advocate for Mr.Rahul Mehta, Standing counsel for the State with SI Pawan Kumar, PS Kalkaji

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 11.12.2017 By this petition the petitioner seeks quashing of FIR No.655/2016 under Section 406/498A IPC registered at PS Kalkaji on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Notice. Learned proxy counsel for learned Standing Counsel accepts notice.

Learned proxy counsel for learned Standing counsel on instructions from Investigating Officer submits that in the above-noted FIR, besides the petitioner, two more accused i.e. mother and elder brother of the petitioner

were arrayed. However, after investigation, charge sheet was filed only against the petitioner. Thus, petitioner is the only accused and respondent No.2 is the only complainant in this FIR.

Respondent No.2 is present in Court and is identified by the Investigating Officer. She states that she has settled the matter with the petitioner before the Mediation Centre, Saket Courts, New Delhi on 19th January, 2017 and she will abide by the terms of settlement arrived at between the parties. In terms of the settlement, divorce by mutual consent has been granted to petitioner No.1 and respondent No.2. In full and final settlement of all her claims i.e. maintenance, streedhan, alimony etc. respondent No.2 was to receive a sum of ₹24,50,000/- out of which, she has already received ₹16,00,000/- and balance of ₹8,50,000/- has been received today in Court vide demand draft No.909703 dated 30.10.2017 drawn on State Bank of India, CP Centre, New Delhi.

She states that now she has no claim whatsoever against the petitioners and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. Petitioner who is present in Court and is identified by the Investigating Officer affirms the statement of respondent No.2 and states that he will abide by the terms of the settlement recorded before the Mediation Centre, Saket Court on 19th January, 2017.

pursuant thereto. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No.655/2016 under Section 406/498A IPC registered at PS Kalkaji 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.

MUKTA GUPTA, J.

DECEMBER 11, 2017 'rk'