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

$5 & 6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3533/2016 DHARAMPAL SHARMA & ORS Petitioners Through Mr.Ajayinder Sangwan, Mr.Arun Rathi, Mr.Tarunesh Kumar, Ms.Rishina Parashar and Mr.Simrninder Paswan, Advocates.

versus STATE (GOVT OF NCT DELHI) & ANR .....Respondents Through Mr.Avi Singh, ASC for State with ST Gopal Singh from P.S.Mehrauli.

Mr.Sanjiv Kumar Vashisht, Advocate for R-2.

+ W.P.(CRL) 3562/2017 & CrI.M.A.No.21075/2017 PRADEEP KUMAR Petitioner Through Mr.Sanjiv Kumar Vashisht, Advocate.

versus THE STATE GOVT OF NCT OF DELHI & ANR Respondents Through Mr.Rajesh Mahajan, ASC for State with SI Gopal Singh from P.S. Meh rau Ii.

Mr.Ajayinder Sangwan, Mr.Arun Rathi, Mr.Tarunesh Kumar, Ms.Rishina Parashar and Mr.Simrninder Paswan, Advocates for R-2.

By:AMULYA

V V

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR (1DI1FD % 15.01.2018 Parties have settled their disputes.

FIR No.1571/2016 has been registered under Sections 354/509/506/34 of the IPC at police station Mehrauli on the complaint of respondent no.2 in WP(C) 3533/2016. Petitioner no.1 is the father-in-law of respondent no.2 and petitioner no.2 is her husband, petitioner no.3 is her mother-in-law and petitioner no.4 is brother-inlaw and petitioner no.5 is her sister-in-law. The second FIR i.e. the FIR No.0968/20 16 has been registered under Sections 3 54/509/506/34 of the IPC at the same police station on the complaint of respondent no.2 in WP(C) No.3562/20 17. The accused in the present case is the cousin brother of sister-in-law of the .

complainant.

Parties have arrived at a wholesome settlement. In terms of the settlement (which is yet to be finally culminated) Jyoti Sharma and Shiv Sharma will be divorced by a decree of mutual consent. The first motion under Section 1313-1 of the Hindu Marriage Act has been filed. Parties have arrived at a monetary settlement whereby petitioner no.1 has agreed to pay a sum of Rs.24 lakhs in full and final settlement of all the claims to his estranged wife. This Court has been informed that Rs.14 lakhs have already been paid. Two more

instalments are yet to be paid by Shiv Sharma to Jyoti Sharma. Rs.5 lakhs which are yet to be paid will be paid at the time of second motion under Section 1313-2 of the Hindu Marriage Act (to be conducted inter se the parties) and the balance sum of Rs.5 lakhs will be paid at the time when the husband shall be moving an appropriate petition quashing the FIR which has been registered at the behest of his estranged wife under Sections 498A/406/34 of the IPC against him and his family members. All the parties are present. They endorse the settlement which has been recorded supra. Investigating Officer is present. He endorses the presence of the parties. Parties shall be bound by the terms and conditions contained in the settlement as noted supra.

To secure ends of justice and to bring the family dispute to an end, it would be in the interest of justice that the FIR No. 157 1/201 6 registered under Sections 354/509/506/34 of the IPC and FIR No.0968/2016 registered under Sections 354/506/509/34 of the IPC both at police station Mehrauli and all the proceedings emanating therefrom stand quashed.

Petitions disposed of in the above terms.

Order dasti.

INDERMEET KAUR, J JANUARY 15, 2018 ndn