W.P.(CRL)/782/2019 of SUMIT CHHABRA & ORS Vs THE STATE & ANR

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 782/2019

SUMIT CHHABRA & ORS

..... Petitioner

Represented by:

Mr. Kamal Sethi, Adv.

versus

THE STATE & ANR

..... Respondent

Represented by: Ms. Nandita Rao, ASC for Ms. Kamna Vohra, ASC with WASI Rosuni Sharma PS Nanakpura. R-2 in person.

CORAM:HON'BLE MS. JUSTICE MUKTA GUPTA

O R R% 15.03.2019

Crl.M.A. 5692/2019

Exemption allowed subject to just exceptions.

W.P.(CRL) 782/2019

By the present petition the petitioners seek quashing of FIR No. 166/2016 under Sections 498A/406/34 IPC registered at PS Nanakpura, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the three petitioners are the only accused and respondent No.2 the only complainant/ victim.

W.P.(CRL) 782/2019

page 1 of 3

Respondent No. 2 is present in Court and is identified by the Investigating Officer. She states that she has settled the matter with the petitioners before the Mediation Centre, Dwarka Courts on 14[th] May, 2018 pursuat whereto divorce by mutual consent has been granted between the petitioner No.1 and respondent No.2. In lieu of all her claims of maintenance, istridhan, alimony, etc., respondent No.2 is to receive total sum of ₹25 lakhs out of which she has already received ₹20 lakhs and the balance amount of ₹5 lakhs has been received by her today in Court by way of demand draft No. ‘511037’ drawn on ICICI Bank. She states that she has now no claim against the petitioners and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. She also undertakes to abide by the terms of settlement arrived at between the parties.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties.

In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No. 166/2016 under Sections 498A/406/34 IPC registered at PS Nanakpura, Delhi and proceedings pursuant thereto are hereby quashed.

W.P.(CRL) 782/2019 page 2 of 3

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MARCH 15, 2019 ‘ga’

MUKTA GUPTA, J.

W.P.(CRL) 782/2019

IN THE HIGH COURT OF DELHI AT NEW DELHI+ CS(OS) No.396/2016

THE UNIWORLD GARDEN APARTMENT OWNERS

ASSOCITION

..... Petitioner

Represented by: Ms.Meghna Mishra, Mr.Jatin Mongia, Mr.Rohan Sharma, Mr.Dheeraj Deo and Mr.Raghuveer Kapur, Advocates.

versus

UNITECH REALITY PRIVATE LTD. Represented by: Ms.Samprikta Ghosal, Advocate

..... Respondent

CORAM:HON'BLE MS. JUSTICE MUKTA GUPTA

O R R% 15.03.2019 -Rev.Pet.238/2018, IA Nos.800710/2018 in CS(OS) No.396/2016

On request of learned counsel for the defendant/applicant, who seeks time to place on record the chart with regard to the principle and computation of the interest amount with advance copy to learned counsel for the plaintiff, who may also file chart of calculations, list on 12[th] July, 2019.

MARCH 15, 2019 da

MUKTA GUPTA, J.