W.P.(CRL)/1811/2015 of ROHIT BOHRA & ORS Vs THE STATE ( NCT OF DELHI) & ANR

*IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(CRL) 1811/2015ROHIT BOHRA & ORS

..... Petitioner

Through:Ms.Deepika Raghav, Adv.

versus

THE STATE ( NCT OF DELHI) & ANR

..... Respondent

Through:Mr. Rajesh Mahajan, ASC for theState with SI Om Prakash, PS Amar ColonyMr.Manish Singh Bisht, proxy counsel forMr.Jivesh Kumar for R-2

CORAM:HON'BLE MR. JUSTICE ASHUTOSH KUMARO R R%24.08.2015

Crl.M.A.12149/2015

Exemption granted subject to all just exceptions.Application stands disposed of.

W.P.(CRL) 1811/2015

The petitioner No.1 is husband of respondent No.2 whereas petitioners No.2and 3 are the parents of petitioner No.1. The present petition has been filedfor quashing of the FIR No.766/2014 dated 12.9.2014 (P.S. Amar Colony,South East District) instituted under Sections 498, 406 and 34 IPC.

It has been submitted on behalf of the petitioners that petitioner No.1 wasmarried to respondent No.2 in the year 2012. After the marriage, seriousdifferences arose between the parties and petitioner No.1 left the home

without letting respondent No.2 know about his movement. The respondentNo.2 , the wife, in the first instance, filed missing report in Mangol PuriPolice Station and thereafter preferred writ of habeas corpus seekingdirection to the authorities for production of petitioner No.1.

The aforesaid petition was disposed of and the matter was sent to MediationCentre. The mediation was not fruitful as the petitioner No.1 did not appear.These facts led to lodging of complaint by respondent No.2 against thepetitioner with CAW Cell, Nanak Pura. The aforesaid complaint in turn ledto the filing of subject FIR which is sought to be quashed.

While the anticipatory bail application of the petitioner No.1 was beingprosecuted, the matter was sent to Mediation Centre of Saket Court for theneedful.With the efforts of the Mediator at the Saket Courts, partiesdecided to settle their differences and part ways amicably.As part ofagreement/settlement dated 18.12.0214, it was agreed upon by the partiesthat respondent No.2 would be given an amount of Rs.17 lakhs by way ofdemand draft which would be towards full and final settlement of all herclaims, privileges and interest (present, past and future).

The settlement referred to above disclosed the number of instalments inwhich the agreed amount had to be paid, the last instalment being ofRs.7lakhs. draft of Rs.7 lakhs is being handed over to the respondent no.2today in Court in the presence of her counsel.

Respondent No.2 has accepted the draft and has no objection with respect tothe prayer made by the petitioners for quashing of the First InformationReport.

As part of the agreement, it was also decided that joint prayer would bemade by the petitioner No.1 and respondent No.2 for seeking divorce. Adecree of divorce has already been passed.

In the aforementioned facts, no useful purpose would be served in allowingthis FIR to be investigated any further. As result thereof, the subject FIRnamely FIR No.766/2015 and all the emanating proceedings thereof arehereby quashed.

The petition is disposed of.

ASHUTOSH KUMAR, J

AUGUST 24, 2015ns