Tarun Miglani & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2139/2015 TARUN MIGLANI & ORS ..... Petitioner Through:

Mr.Pradeep Kumar, Adv. along with petitioners in person versus STATE & ANR ..... Respondent Through:

Mr.R.S. Kundu, ASC for the State with Mr.Vishesh Wadhwa, Adv.

SI Sunny Kumar, PS Rani Bagh Mr.Arvind Dhingra, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 28.09.2015 Crl. M.A.14151/2015 Exemption granted subject to all just exceptions. Application stands disposed of.

W.P.(CRL) 2139/2015 The petitioner No.1 is the husband of respondent No.2 whereas petitioners No.2 and 3 are his parents.

Petitioner No.4 is the younger brother of petitioner No.1.

The above noted petitioners have sought quashing of the FIR No.590/2014, (PS Rani Bagh) instituted for offences under Sections 498A, 406 and 34 of the IPC, which is still pending investigation.

The petitioner No.1 was married to respondent No.2 sometimes in the year 2012. No children were begotten out of the marriage and the husband and wife started living separately shortly after the marriage i.e. in the year 2013.

It has been submitted that the parties have amicably settled their dispute and because of the such settlement, the marriage between petitioner No.1 and respondent No.2 has been dissolved by the decree and judgement dated 17.8.2015 of the competent court.

The terms of settlement which were drawn up and accepted by the parties indicated that the petitioners had to part with a sum of Rs.9,25,000/- towards full and final settlement of past, present and future claims of respondent No.2.

Out of the aforesaid agreed amount, admittedly, Rs.6,25,000/- has been paid.

Mr. Pradeep Kumar, learned advocate submits that the petitioners have brought a cheque of Rs.3 lakhs to be handed over to respondent No.2. The petitioners have assured this Court that the aforesaid cheque would be respected and honoured when the same would be deposited in bank for collection.

Mr. Pradeep Kumar, hands over the cheque to the respondent No.2, who is present in the Court in person and a photocopy of the cheque has been kept in the file for record.

As part of the settlement, it was agreed between the parties that all cases lodged by either of the parties against them would be withdrawn. Pursuant to such an agreement, the petition filed by respondent No.2 under Section 12 of Protection of Women from Domestic Violence Act and under Section 125 of Cr.P.C. have been settled and disposed of.

With respect to another FIR No.907/2014, PS North Rohini instituted under Sections 354, 354A and 506 of the IPC, it is stated at the Bar that an application seeking quashing of that FIR has been filed which is pending adjudication before the High Court.

Learned counsel for the State submits that the investigation is still pending and no report has been submitted.

Considering the aforesaid facts as also taking into account that no useful purpose would be served in allowing the investigation in the subject FIR (FIR No.590/2014) to be continued any further, subject FIR (FIR No.590/2014) along with all the emanating proceedings thereof, are quashed.

Petition is disposed of.

ASHUTOSH KUMAR, J SEPTEMBER 28, 2015 ns