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18# $' HIGH COURT OF DELHI
W.P.(CRL)3160/2018
RAJKUMAR Petitioner Represented by: Mr.Chandan Singh,Advocate with petitioner in person.
W.P.(CRL)3160/2018
RAJKUMAR Petitioner Represented by: Mr.Chandan Singh,Advocate with petitioner in person.
VERSUS
STATE(GOVT OFNOTOFDELHI)&ANR Respondents Represented by: Ms.Nandita Rao,Additional
Standing Counsel for the State with W/SI Vinod Kapoor,PS Vasant
Vihar.
Mr.Deepak Singh,Advocate for respondentNo.2 with respondent
No.2in person.
Standing Counsel for the State with W/SI Vinod Kapoor,PS Vasant
Vihar.
Mr.Deepak Singh,Advocate for respondentNo.2 with respondent
No.2in person.
CORAM:
HON'BLE MS.JUSTICE MUKTA GUPTA
12.10.2018 CrI.M.A.No.34263/2018(Exemption^ Allowed,subjectto alljustexceptions.
12.10.2018 CrI.M.A.No.34263/2018(Exemption^ Allowed,subjectto alljustexceptions.
W.P.(CRLI 3160/2018
By the present petition, petitioner seeks quashing of FIR NO. 781/2016under Sections498A/406IPG registered atPS VasantVihar,Delhi on the complaint ofRespondent No.2 and the proceedings pursuant thereto on the ground thatthe parties have settled the matter.
Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the petitioner is the only accused and the respondentNo.2is the only complainant/victim.
W.P.
(CRL)3160/2018 Page1of3 2018:DHC:8871 Respondent No. 2 who is present in Court and is identified by the learned counsel and Investigating Officer states that she has settled the matter with the Petitioner vide the Memorandum of Settlement dated 3''''
July,2017,copy whereofis annexed as Annexure-P2to the present petition.
In terms ofthe settlement marriage between the Petitioner and Respondent
No.2/complainant has been dissolved by a decree of divorce by mutual consent. As full and final settlement ofall the claims,that is, maintenance, streedhan and alimony etc. ofthe Respondent No.2,the Petitioner No.l has to pay a sum of?5 lakhs to respondent No.2 out of which she has already received a sum of ?3.40 lakhs and the balance amount of?1.60 lakhs has been received by her today in Court vide Demand Draft No. 014906 dated
October,2018 drawn on HDFC Bank,Faridabad, Haryana. She further states that she has no claim whatsoever remaining against the petitioner.
She further states thatthe minor daughter Priyanshi,bom out ofthe wedlock of the petitioner and respondent No.2, who is now aged five years, will remain in her care and custody and the petitioner will neither have the custody nor the visiting rights ofthe child. In terms ofthe settlement she does not want to pursue the abovementioned FIR and the proceedings pursuantthereto and will abide by the terms ofsettlement.
Petitioner who is present in Court and is identified by the learned counsel affirmsthe statementofrespondent No.2and undertakesto abide by the terms ofsettlement arrived at between the parties.
In view of the fact that the parties have amicably resolved their differences oftheir own free will, volition and without any coercion and no useful purpose will be served in continuance ofthe proceedings,rather the
By the present petition, petitioner seeks quashing of FIR NO. 781/2016under Sections498A/406IPG registered atPS VasantVihar,Delhi on the complaint ofRespondent No.2 and the proceedings pursuant thereto on the ground thatthe parties have settled the matter.
Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the petitioner is the only accused and the respondentNo.2is the only complainant/victim.
W.P.
(CRL)3160/2018 Page1of3 2018:DHC:8871 Respondent No. 2 who is present in Court and is identified by the learned counsel and Investigating Officer states that she has settled the matter with the Petitioner vide the Memorandum of Settlement dated 3''''
July,2017,copy whereofis annexed as Annexure-P2to the present petition.
In terms ofthe settlement marriage between the Petitioner and Respondent
No.2/complainant has been dissolved by a decree of divorce by mutual consent. As full and final settlement ofall the claims,that is, maintenance, streedhan and alimony etc. ofthe Respondent No.2,the Petitioner No.l has to pay a sum of?5 lakhs to respondent No.2 out of which she has already received a sum of ?3.40 lakhs and the balance amount of?1.60 lakhs has been received by her today in Court vide Demand Draft No. 014906 dated
October,2018 drawn on HDFC Bank,Faridabad, Haryana. She further states that she has no claim whatsoever remaining against the petitioner.
She further states thatthe minor daughter Priyanshi,bom out ofthe wedlock of the petitioner and respondent No.2, who is now aged five years, will remain in her care and custody and the petitioner will neither have the custody nor the visiting rights ofthe child. In terms ofthe settlement she does not want to pursue the abovementioned FIR and the proceedings pursuantthereto and will abide by the terms ofsettlement.
Petitioner who is present in Court and is identified by the learned counsel affirmsthe statementofrespondent No.2and undertakesto abide by the terms ofsettlement arrived at between the parties.
In view of the fact that the parties have amicably resolved their differences oftheir own free will, volition and without any coercion and no useful purpose will be served in continuance ofthe proceedings,rather the
W.P.(CRL)3160/2018 Page 2 of3 same would create further acrimony between them, it would be in the interest ofjustice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.
Consequently, FIR No. 781/2016 under Sections 498A/406 IPG registered at PS Vasant Vihar, Delhi 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.
OCTOBER 12,2018 MUKTA GUPTA,J.
^oO A PI , rlziui'2^^
Consequently, FIR No. 781/2016 under Sections 498A/406 IPG registered at PS Vasant Vihar, Delhi 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.
OCTOBER 12,2018 MUKTA GUPTA,J.
^oO A PI , rlziui'2^^
W.P.(CRL)3160/2018
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JUDGMENT