W.P.(CRL)/1777/2015 of LAKSHAY @ HAPPY & ORS Vs THE STATE ( NCT OF DELHI) & ORS

*IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(CRL) 1777/2015LAKSHAY @ HAPPY & ORS

..... Petitioners

Through:Mr.Arun Sharma & Mr. SaleemAhmed, Advs.

versus

THE STATE ( NCT OF DELHI) & ORS..... RespondentsThrough:Ms. Kamna Vohra, ASC for the Statewith SI Surender Singh, PS Bindapur.Mr.Mohd. Anas, Adv. for R-3.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMARO R R%19.08.2015

Crl.M.A.11921/2015

Exemption granted subject to all just exceptions.

Application stands disposed of.

W.P.(CRL) 1777/2015

The petitioner No.1 is the husband of respondent No.3 whereas petitionersNo.2, 3, 4 and 5 are directly related to petitioner No.1. The petitioners seekquashing of the FIR No.67/2014 (PS Binda Pur) instituted under Sections406, 498A and 34 IPC.

The petitioner No.1 and respondent No.3 got married in the year 2012 inaccordance with Hindu religious rites and customs. The relationship of manand wife went through rough patch and finally petitioner No.1 andrespondent No.3 decided to discontinue with their matrimonial obligations.

The matter was referred to Mediation Cell and with the help of the Mediator,the petitioners and respondent No.3 realised the futility of continuing withany further litigation once they have decided to part ways amicably.

settlement was arrived at on 30.5.2014 whereby it was agreed uponbetween the parties that an amount of Rs.4,20,000/- would be paid torespondent No.3 towards full and final settlement of all her claims.Theaforesaid amount was to be paid in instalments.The stages of theinstalments have been defined clearly in the settlement agreement dated30.5.2014.

It has been submitted on behalf of the petitioner that substantial part of theamount which was agreed to be paid to respondent No.3 has already beenpaid and the balance amount is to be paid to respondent No.3, who is presentin court, today.

The balance amount of Rs.1,40,000/- (draft and cash) has been paid to therespondent No.3 in presence of her counsel Mohd. Anas.

As part of the agreement, it was also agreed upon that after the performanceof the respective obligation by petitioner No.1, the respondent No.3 wouldcooperate in getting the FIR quashed.

The investigation in the subject FIR is still continuing and charge-sheet isyet to be filed.

Keeping in mind that the parties have settled their differences which aroseduring the matrimonial life of petitioner No.1 and respondent No.3 and thatrespondent No.3 does not have any objection in case the FIR is quashed, this

Court is inclined to accede to the prayer of the petitioners.

The subject FIR i.e. FIR No.67/2014 (PS Binda Pur) and all the emanatingproceedings thereof are hereby quashed.

The petition is allowed.

ASHUTOSH KUMAR, J

AUGUST 19, 2015ns