W.P.(CRL)/114/2017 of GAURAV AGGARWAL & ORS. Vs THE STATE & ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(CRL) 114/2017

GAURAV AGGARWAL & ORS.

..... Petitioners

Through: Mr. S.C. Sharma, Adv.

versus

THE STATE & ANR...... RespondentsThrough:Mr. R.S. Kundu, ASC with SI KapilKumar,P.S.KhajuriKhasforrespondent no. 1Mr. Mukesh Sharma & Mr. I.B. Jha,Advs.withrespondentno.2inperson.Through:Mr. R.S. Kundu, ASC with SI KapilKumar,P.S.KhajuriKhasforrespondent no. 1Mr. Mukesh Sharma & Mr. I.B. Jha,Advs.withrespondentno.2inperson.

CORAM:HON'BLE MR. JUSTICE A.K. PATHAK

O R R%13.01.2017

Respondent no. 2 is present in Court. She submits that she has settledthe matter with petitioners vide Settlement Deed dated 21[st]April, 2016. Shefurther submits that her marriage with petitioner no. 1 has already beendissolved by decree of divorce by mutual consent dated 8[th]November,2016 by Family Court, North-East District.She admits having alreadyreceived `3,00,000/-, out of the settled amount of `3,75,000/-. Petitioner no.1 has paid `75,000/- to the respondent no. 2 (`25,000/- in cash and`50,000/- by way of demand draft) in Court.Learned counsel for the

respondent no. 2 submits that in the demand draft, name of the respondentno. 2 has not been properly spelled out. Instead of “SHIKHA”, her namehas been spelled out as “SIKHA”. Demand draft has been accepted by therespondent no. 2, subject to its realization.Counsel for the petitionersubmits that in case the demand draft returns unpaid on this account, thesame will be substituted by the petitioners. Accordingly, FIR No. 214/2014under Sections 498-A/406/34 IPC and Section 4 of the Dowry ProhibitionAct, 1961 registered at Police Station Khajuri Khas and the consequentproceedings emanating therefrom are quashed, subject to encashment of thedemand draft.

Writ petition is disposed of in the above terms. Dasti.

JANUARY 13, 2017rb

A.K. PATHAK, J.