Pradeep Kumar & ANR v. State Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3190/2017 & CRL.M.A. 18860/2017 PRADEEP KUMAR & ANR ..... Petitioners Through:

Mr. Amarjeet Singh and Mr. Sajid Malik, Advocates.

versus STATE OF NCT OF DELHI & ANR ..... Respondents Through:

Mr. Jamal Akhtar, Advocate for Mr.

Rahul Mehra, Standing Counsel (Crl.) for State with ASI Shiv Shanker, P.S.

Karawal Nagar.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 17.11.2017 This petition seeks quashing of FIR No.1100/2014 under Sections 498A/406/34 of IPC registered with P.S. Karawal Nagar, Delhi on a complaint by respondent no. 2 against her husband and mother-in-law being petitioner nos. 1 and 2 respectively. The matrimonial discord between the complainant and her husband has precipitated into a divorce decree between them pronounced on 25.05.2017. The parties have thereafter settled all their disputes by a Settlement Deed dated 14.10.2016, which is on record. The parties are present in the Court. The petitioners have been identified by their counsel and respondent no. 2, Smt. Renu @ Renu Rani, has been identified by Investigation Officer. Photocopy of her ID card is taken on record. They reiterate the terms of the agreement and undertake to abide by the same. Their undertaking is accepted. Respondent no. 2, Smt. Renu @ Renu Rani was to receive an amount of Rs. 3.75 lacs, of which only 1.25 lacs remains

to be paid to her. Mr. Narendra Mann, Advocate is appointed as her counsel for the day. She has received through her counsel, the balance amount of Rs. 1.25 lacs by way of Demand Draft no. 563615 dated 24.07.2017 drawn on Oriental Bank of Commerce, Razapur Branch in her favour. The said respondent states that she does not wish to pursue the grievances against the petitioners, resultantly the substratum of the FIR is largely removed and any further proceedings arising therefrom would be an exercise in futility. Therefore, keeping the FIR alive would serve no purpose and interest of justice would be served if it is quashed. The Court is of the view that a case is made out for quashing of FIR No.1100/2014 under sections 498A/406/34 of IPC registered with Police Station-Karawal Nagar, Delhi.

Accordingly, the said FIR and all proceedings emanating from it are quashed.

The petition is disposed off in the above terms. NAJMI WAZIRI, J NOVEMBER 17, 2017 RW