Manish Kumar Aggarwal & Ors vs Nct Of Delhi & Anr on 17 October, 2017

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2918/2017
MANISH KUMAR AGGARWAL ORS ….. Petitioners
Through: Mr. Kunal Malik, Advocate.
versus

NCT OF DELHI ANR ….. Respondents
Through: Mr.Kamna Vohra, ASC for the State
with SI Virender Kumar, PS K.N. Katju Marg,
Delhi.
Respondent No.2 in person.

CORAM:
HON’BLE MR. JUSTICE VINOD GOEL
ORDER

% 17.10.2017

1. Notice. Learned Additional Standing Counsel, who appears on an
advance copy having been served, accepts notice.

2. Respondent No.2 appears in person. She is being represented by her
counsel. She is duly identified by IO SI Virender Kumar.

3. The petitioners have invoked the writ jurisdiction of this court under
Article 226 227 of the Constitution of India read with Section 482
of the Code of Criminal Procedure, 1973 (in short ‘Cr.PC’) for
quashing of the FIR bearing No. 0013/2017, registered against them
on 09.01.2017 with Police Station K.N. Katju Marg, Rohini Delhi,
under Sections 498A/406/34 IPC on the complaint of respondent
No.2.

W.P. (Crl.) No. 2918/2017 Page 1 of 4

4. The marriage of the petitioner No.1 with the respondent no. 2 was
solemnized on 17.11.2010 as per Hindu rites and ceremonies at
Anand Bhawan, Sector-9, Rohini, Delhi. However, out of this
wedlock no child was born.

5. After solemnization of their marriage, the petitioner no. 1 and the
respondent no.2 started residing together in the matrimonial home.
Due to some temperamental differences between the petitioner no.1
and the respondent no.2, they could not reconcile with each other.
Resultantly, the respondent no.2 left the matrimonial home on
18.09.2015 and started residing with her parents.

6. The respondent No.2 lodged a complaint against the petitioners before
the CAW Cell which culminated into the said FIR.

7. Subsequently after the registration of the FIR, the parties have
amicably resolved and settled all their disputes on 28.02.2017 by
which they decided to part company of each other by obtaining a
decree of divorce with mutual consent.

8. As per the settlement, the petitioner no. 1 had agreed to pay a total
sum of Rs.6,21,000/- to the respondent no. 2 in full and final
settlement of all her claims, which includes maintenance and costs of
dowry and stridhan articles.

9. The respondent No.2 states that she had voluntarily settled and
resolved all her disputes with the petitioners without any force and
coercion.

10. Pursuant to the settlement, at the time of settlement, the petitioner
No.1 had paid a sum of Rs.1,50,000/- to the respondent no. 2. At the
time of recording the statement of the parties in the first motion

W.P. (Crl.) No. 2918/2017 Page 2 of 4
petition, further a sum of Rs.1,71,000/- was paid by the petitioner
No.1 to the respondent No.2. At the time of recording the statement of
the parties in the second motion petition, Rs.2,00,000/- was paid by
the petitioner No.1 to the respondent No.2. A decree of divorce by
mutual consent was granted on 08.09.2017 by the court of learned
Principal Judge, Family Court, District North, Rohini Courts, Delhi,
by which the marriage between the petitioner No.1 and the respondent
no.2 was dissolved.

11. Today, the petitioner No.1 has paid the balance settlement amount of
Rs.1,00,000/- by way of cheque bearing No. 217639 dated 22.09.2017
drawn on Oriental Bank of Commerce, Nayaba/0008/Delhi-Naya
Bazar in favour of respondent No.2, which has been accepted by her.
Copy of the cheque is already placed on record.

12. The respondent No.2 submits that she has received the entire
settlement amount from the petitioner No.1. She submits that she does
not want to pursue the said FIR. She submits that the said FIR may be
quashed.

13. Learned ASC through the IO submits that the charge sheet has so far
not been filed.

14. Both the parties submit that now nothing is due and recoverable by
them against each other. Since the parties have amicably settled all
their disputes, no fruitful purpose would be served in further pursuing
the said FIR. Hence, to secure ends of justice, the FIR bearing No.
0013/2017, registered on 09.01.2017 with Police Station K.N. Katju
Marg, Rohini Delhi, under Sections 498A/406/34 IPC and
proceedings arising out of the said FIR are hereby quashed.

W.P. (Crl.) No. 2918/2017 Page 3 of 4

15. The petition is disposed of accordingly.

16. DASTI.

VINOD GOEL, J.

OCTOBER 17, 2017
“sandeep”

W.P. (Crl.) No. 2918/2017 Page 4 of 4

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