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$-52-53 HIGH COURT OF DELHI
CRL.M.C. 3275/2016
AMARJEET SINGHMALHOTRA & ANR.
Petitioner Representedby: Mr.RajanKhosla, Adv.
$-52-53 HIGH COURT OF DELHI
CRL.M.C. 3275/2016
AMARJEET SINGHMALHOTRA & ANR.
Petitioner Representedby: Mr.RajanKhosla, Adv.
VERSUS
THE STATE & ANR.
Respondent Representedby: Ms.Meenakshi Chauhan, APP with SI Sandeep Sharma,PS
Vasant Kunj (N)
Respondent Representedby: Ms.Meenakshi Chauhan, APP with SI Sandeep Sharma,PS
Vasant Kunj (N)
CRL.M.C. 3276/2016
AMARJET SINGHMALHOTRA & ANR.
Petitioner Representedby: Mr.RajanKhosla, Adv.
AMARJET SINGHMALHOTRA & ANR.
Petitioner Representedby: Mr.RajanKhosla, Adv.
VERSUS
STATE & ANR.
Respondent Representedby: Ms. Meenakshi Chauhan, APP with SI Sandeep Sharma, PS
VasantKunj (N)
Respondent Representedby: Ms. Meenakshi Chauhan, APP with SI Sandeep Sharma, PS
VasantKunj (N)
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
07.09.2016 By the two petitions the petitioners seek quashing of FIR
Nos.198/20Hand 250/2012 registered at PS Vasant Kunj (North) under
Section 31 of Protection of Women from Domestic Violence Act, 2005 on the ground that the parties have settled the matter.
07.09.2016 By the two petitions the petitioners seek quashing of FIR
Nos.198/20Hand 250/2012 registered at PS Vasant Kunj (North) under
Section 31 of Protection of Women from Domestic Violence Act, 2005 on the ground that the parties have settled the matter.
CRL.M.C. 3275/2016 & CRL.M.C. 3276/2016 page1of3
2016:DHC:9055 Respondent No. 2 is present in Court and is identified by the
Investigating Officer. She states that she has settled the matter with the petitioners. Divorce was granted to the respondent No.2 on a petition filed by her against petitioner No.l. Vide the settlement deed dated 19'^
December,2015 the parties have agreed into a settlement whereby both the children Anureet Malhotra and Ayan Jass Malhotra are in the care and custody ofrespondent No.2. The petitioner No.l has already paid a sum of
^10 lakhs by way of two fixed deposits for the children and also relinquished his share in the property mentioned in the settlement deed. The petitioner No.l has also agreed to pay a sum of?15,000/- each per month between 7^*^ to 15^^ day ofeach calendar month towards maintenance ofthe children during the period of graduation, coaching classes etc. and till the completion ofpost-graduation. Respondent No.2 has already withdrawn the complaint filed by her under Protection ofWomen from Domestic Violence
Act before the learned Trial Court, thus the proceedings pursuant thereto resulting in the registration ofabove-noted FIR be quashed.
Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 noted above. They also state that they will abide by the terms of settlement 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 same would create further acrimony between them, it would be in the interest ofjustice to quash the abovementioned FIR and the proceedings
2016:DHC:9055 Respondent No. 2 is present in Court and is identified by the
Investigating Officer. She states that she has settled the matter with the petitioners. Divorce was granted to the respondent No.2 on a petition filed by her against petitioner No.l. Vide the settlement deed dated 19'^
December,2015 the parties have agreed into a settlement whereby both the children Anureet Malhotra and Ayan Jass Malhotra are in the care and custody ofrespondent No.2. The petitioner No.l has already paid a sum of
^10 lakhs by way of two fixed deposits for the children and also relinquished his share in the property mentioned in the settlement deed. The petitioner No.l has also agreed to pay a sum of?15,000/- each per month between 7^*^ to 15^^ day ofeach calendar month towards maintenance ofthe children during the period of graduation, coaching classes etc. and till the completion ofpost-graduation. Respondent No.2 has already withdrawn the complaint filed by her under Protection ofWomen from Domestic Violence
Act before the learned Trial Court, thus the proceedings pursuant thereto resulting in the registration ofabove-noted FIR be quashed.
Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 noted above. They also state that they will abide by the terms of settlement 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 same would create further acrimony between them, it would be in the interest ofjustice to quash the abovementioned FIR and the proceedings
CRL.M.C.3275/2016 CRL.M.C.3276/2016 page 2 of3 cr pursuant thereto. There is no legal impediment in quashing the FIR in question.
Consequently, FIR Nos.198/20Hand 250/2012 registered at PS
Vasant Kunj (North) under Section 31 of Protection of Women from
Domestic Violence Act, 2005 and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
The petitions are disposed of. Order dasti.
SEPTEMBER 07,2016 'ga' ^vko7/f7J MUKTA GUPTA,J.
^ 1^'-7_
Consequently, FIR Nos.198/20Hand 250/2012 registered at PS
Vasant Kunj (North) under Section 31 of Protection of Women from
Domestic Violence Act, 2005 and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
The petitions are disposed of. Order dasti.
SEPTEMBER 07,2016 'ga' ^vko7/f7J MUKTA GUPTA,J.
^ 1^'-7_
CRL.M.C.3275/2016 <&. CRL.M.C.3276/2016 page3of3
JUDGMENT