W.P.(CRL)/1648/2015 of BHARAT BHUSHAN ARORA & ORS. Vs STATE OF DELHI & ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(CRL) 1648/2015

BHARAT BHUSHAN ARORA & ORS.

..... Petitioners

ThroughMr. R.S. Juneja & Mr.Yogesh Kr.Rana, Advs.Rana, Advs.

versus

STATE OF DELHI & ORS.

..... Respondents

ThroughMr.Rahul Mehra, Standing counselwith Mr.Jamal Akhtar & Mr.AmritSingh, Advs.with Mr.Jamal Akhtar & Mr.AmritSingh, Advs.

SI Indrapal singh CAW Cell/EastDistt.Ms. Astha, Adv. For R2.Distt.Ms. Astha, Adv. For R2.

CORAM:HON'BLE MR. JUSTICE ASHUTOSH KUMARO R R%07.08.2015

Crl.M.A No.11327/2015

Exemption granted subject to all just exceptions.

Application stands disposed of.

W.P.(Crl.) 1648/2015

The petitioner no.1 who is the husband of the respondent no.2 and theother petitioners who are related to petitioner no.1, seek quashing of the FIRNo.336/2013 (PS Vivek Vihar, Delhi) instituted for offence under Sections498/406/34 of the IPC on the ground that the dispute between the husbandand wife and the other petitioners has been amicably settled and decree ofdivorce has also been awarded.

The petitioner no.1 was married to respondent no.2 in the year 2010 inaccordance with their respective religious rites. Later case vide the subjectFIR came to be filed against the petitioners at the instance of respondentno.2.

The dispute was referred to mediation centre of Karkardooma Courts,Delhi where, with the intervention of the mediators, the disputes weresettled. The settlement was drawn up on 04.04.2014 whereby it was agreedupon between the parties that the petitioners would pay an amount of Rs.10lakhs in 4 installments and that would be the full and final settlement ofclaim of respondent no.2.

Apart from this, the cases filed against each other was decided to bewithdrawn by each side. The settlement agreement also included theobligation of the parties to ensure that the decree of divorce by mutualconsent is granted at the earliest.

It has been jointly submitted on behalf of the petitioner and therespondents that all part of their respective obligation have been fulfilledwith and the last installment of Rs.2.50 lakhs which is to be paid torespondent no.2 is being paid today in the Court.

Mr.R.S. Juneja, learned Advocate for the petitioner hands over thedraft of Rs.2.50 lakhs to respondent no.2 in the Court today, which isaccepted by respondent No.2. The photocopy of the draft referred above iskept in the record for ready reference.

Considering the fact that no dispute now remains to be addressedbetween the parties, no useful purpose would be served in allowing this FIRto be investigated any further.

Since the parties have been amicably settled the disputes and have

agreed to part ways amicably, the FIR No.336/2013 (PS Vivek Vihar) and

other resultant proceedings are quashed.

The petition is allowed and is disposed of accordingly.

AUGUST 07, 2015ab

ASHUTOSH KUMAR, J