Dr.Radhey Shyam Vashishta & Ors v. State

.. ' * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3130/2010 & Cri.M.A. No.15841/2010 0/o DR.RADHEY SHY AM VASHISHTA & ORS. .. ... Petitioners STATE CORAM: Through : Mr. Vinod Kumar, Adv. with petitioners in person. versus ..... Respondent Through : Ms. S. Kohli, APP for State. 51 Rajpal Singh, PS K.M. Pur. HON'BLE MS. JUSTICE HIMA KOHLI ORbER

30.09.2010

¶1The present petition is filed by the petitioners under Section 482 Cr.P.C. praying inter alia for quashing of FIR No.13/1997 lodged by the petitioner No.6, against her husband, pet:tioner No.1, and his family members, petitioners No.2 to 5, under Sections 406/498-A/34 IPC with PS Kot!a Mubarakpur, Delhi and all proceedings arising therefrom.

¶2Counsel for the petitioners states that the marriage of the petitioner No.1 and the petitioners No.6.. was solemnized on

¶202.1995. There is a minor daughter from out of the wedlock, who is presently in the custody of the petitioner No.6. As disputes and differences arose between petitioner No.1 and the petitioner No.6, the Page No.1 of 4 Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. latter started living away from her matrimonial home and with her y/ parents from December, 1996. On 6.1.1997, on the complaint of the petitioner No.6, the aforesaid FIR was lodged against the petitioners.

¶3In the meantime, petitioner No.1 also filed a divorce petition on

7.1.1997. On 2.3.1997, the petitioner No.6 filed another complaint with PS Kotla Mubarakpur, registered as FIR No.135/1997. On

14.3.2008, the petition for divorce filed by petitioner No.1 was allowed. Aggrieved by the said order, the petitioner No.6 preferred an appeal in this Court, registered as MAT Appeal No.62/2008, in which proceedings, the parties finally arrived at a settlement as recorded in the order dated 20.8.2010 (Page 27).

¶4Now, it is stated that in terms of the settlement, petitioner No.1 has agreed to pay a sum of lacs to the petitioner No.6 out of which lacs has already been paid. The balance amount of lacs has been agreed to be paid in a staggered fashion. While the amount of lacs is agreed to be paid in the present case, a sum of has been agreed be paid in Cri.MC No.3123/2010, which is listed today at Item No.33 in the cause list. The balance amount of ' . .- has been agreed to be paid by petitioner No.1 to the petitioner No.6 at the time of filing of second motion for divorce. Counsel for the petitioners hands over two Bankers Cheques bearing Page No.2 of 4 I No. 574906 dated 12.9.2010 and 574956 dated 20.9.2010, both for the sum of lacs each, drawn on Canara Bank, South Extension, New Delhi in favour of Snigdha Sharma, daughter of the petitioner No.6, which are accepted by the petitioner No.6.

¶5The petitioner No.6, who is present in the Court and is identified by the counsel for the petitioners, confirms the fact that the aforesaid settlement has been arrived at with the petitioners No.1 to 5 of her own free will and volition and without any undue influence or coercion from any quarters.

¶6Learned APP for the State, on instruction from the IO, confirms the fact that the parties have arrived at a settlement. She, therefore, does not oppose the prayer made in the present petition.

¶7This Court has heard counsels for the parties. In view of the submission made by the petitioner No.6jcomplainant and in view of the fact that the parties have arrived at a settlement of their own free will and volition and without any undue influence or coercion from any quarters, no useful purpose will be served by proceeding further with the aforesaid FIR and the proceedings arising therefrom.

¶8Accordingly, the prayer made in the petition is allowed and FIR No.13/1997 lodged by the petitioner No.6/complainant with PS Kotla Page No.3 of 4 Mubarakpur, Delhi and all proceedings arising out therefrom stand quashed.

¶9The petition is disposed of along with the pending application. File be consigned to the record room. SEPTEMBER 30, 2010 sk HIMA KOHLI,J Page No.4 of 4