W.P.(CRL)/453/2018 of YASHPAL DHAMIJA & ORS Vs THE STATE GOVT OF NCT OF DELHI & ANR
Parties
- + W.P.(CRL) 453/2018 & Crl. M.A.No.2708/2018 YASHPAL DHAMIJA & ORS (PETITIONER)
- THE STATE GOVT OF NCT OF DELHI & ANR (RESPONDENT)
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IN THE HIGH COURT OF DELHI AT NEW DELHI+ W.P.(CRL) 453/2018 & Crl. M.A.No.2708/2018 YASHPAL DHAMIJA & ORS YASHPAL DHAMIJA & ORS
..... Petitioners
Through Petitioners with their counsel Mr. Gaurav Prakash and Mr. Kunal Sharma, Advs. Gaurav Prakash and Mr. Kunal Sharma, Advs.
versus
THE STATE GOVT OF NCT OF DELHI & ANR
..... Respondents
Through Mr. R.S. Kundu, ASC for the State with Mr. Bhagat Singh, Mr. Prem Sagar Pal and Ms. Suman, Advs along with SI Vedpal. with Mr. Bhagat Singh, Mr. Prem Sagar Pal and Ms. Suman, Advs along with SI Vedpal.
R-2 in person with Mr. S.S. Yadav, Adv.
CORAM:HON'BLE MS. JUSTICE INDERMEET KAUR
O R R% 13.02.2018
The petitioners are seeking quashing of present FIR No.265/2015 registered at Police Station Mangol Puri under Sections 498-A/406 read with Section 34 of the IPC as also Section 4 of the Dowry Prohibition Act. Petitioner No. 1 and respondent No. 2 had got married as per Hindu rites on 16.05.2010. One male child was born out of their wedlock on 27.04.2012. In terms of the settlement inter-se the parties, the parties had got divorce by mutual consent. The decree is dated 07.11.2017. The custody of the child will remain with respondent No. 2. An amount of ₹6 lacs has been agreed to be paid by petitioner No. 1 to respondent No. 2 of which Rs.4 lacs stood paid
earlier and Rs.2 lacs has been paid by way of demand draft to respondent No. 2 in Court today. Parties are present. They endorse the settlement. Their presence has been identified by the Investigating Officer.
Petitioner No. 1 is permitted to meet his child on the birthday of the child with the prior consent of respondent No. 2.
This is fit case where to secure the ends of justice, the prayer made in the petition be granted. Accordingly, FIR No.265/2015 registered at Police Station Mangol Puri under Sections 498-A/406 read with Section 34 of the IPC as also Section 4 of the Dowry Prohibition Act and all proceedings emanating thereto are quashed.
Petition disposed of.
FEBRUARY 13, 2018
INDERMEET KAUR, J