CRL.M.C./2978/2017 of DHEERAJ KATHURIA & ORS Vs THE STATE NCT OF DELHI & ANR

IN THE HIGH COURT OF DELHI AT NEW DELHI

+CRL.M.C. 2978/2017 & Crl. M.A. No. 12348/2017

DHEERAJ KATHURIA & ORS..... PetitionersThrough: Mr. Gaurav Sarawat, Adv.Through: Mr. Gaurav Sarawat, Adv.

versus

THE STATE NCT OF DELHI & ANR..... Respondents

Through:Mr. G.M. Farooqui, APP with SIPramod Kumar, P.S. Shalimar Baghfor respondent no. 1Mr.C.M.Sangwan,Adv.withrespondent no. 2 in person.Pramod Kumar, P.S. Shalimar Baghfor respondent no. 1Mr.C.M.Sangwan,Adv.withrespondent no. 2 in person.

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

O R R%02.08.2017

It is submitted that petitioner no.1 and respondent no.2 have settled

their disputes amicably, therefore, FIR No. 1056/2014 under Sections 498-A/406/34 IPC registered at police station Shalimar Bagh on the complaint ofrespondent no.2 may be quashed. Petitioner nos. 2 and 3 are relatives ofpetitioner no.1.

Respondent no.2 is present in Court with her counsel and has beenidentified by SI Pramod Kumar, P.S. Shalimar Bagh.Respondent no.2admits having settled the matter with the petitioners of her own free will and

without any undue force, pressure or coercion.She submits that she hasalready received `3,50,000/- out of total settled amount of `7,00,000/-.Respondent no. 2 further submits that first motion has already been acceptedby the Family Court and second motion will be filed in the month ofSeptember, 2017. Petitioner no. 1 submits that he will pay `3,50,000/- at thetime of second motion. He also undertakes to sign the second motion andcooperate with the respondent no. 2 in filing of the same. Petitioner no. 1further submits that FIR may be quashed, subject to his signing secondmotion and cooperating with the respondent no. 2 as well as paying thebalance amount of `3,50,000/- to the respondent no. 2 at the time of secondmotion. Respondent no. 2 submits that she has no objection in case FIR isquashed, subject to petitioner no. 1 cooperating in filing of the secondmotion and acceptance thereof by the Court.

Keeping in view of the fact that settlement has been arrived atbetween the petitioner no. 1 and respondent no.2, in the interest of justice,FIR No. 1056/2014 under Sections 498-A/406/34 IPC registered at policestation Shalimar Bagh, which is at the investigation stage, is quashed,subject to, however, petitioner no. 1 cooperating with respondent no. 2 at thetime of second motion and paying her `3,50,000/- before the Family Court.

Petition is disposed of in the above terms.Miscellaneous application

is disposed of as infructuous. Dasti.

AUGUST 02, 2017rb

A.K. PATHAK, J.