Rakesh Gupta & Ors v. State & Anr

ORDER %

27.09.2010

¶1The present petition is filed by petitioners under Section 482 Cr.P.C. praying inter alia for quashing of FIR No;290/2004 complainant/respondent No.2, against her husband, petitioner No.l, and his family members, petitioners No.2 to 6, under Sections 406/498A/34 IPC registered with PS Uttam Nagar, Delhi and all proceedings arising out therefrom.

¶2Counsel for the petitioners states that the marriage of the petitioner No.l and the complainant/respondent No.2 was solemnized on 26.06.1998 at Delhi. However, on 19.08.2003, due to disputes and differences between parties, they started living separately. The 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. aforesaid FIR came to be on

01.04.2004 whereafter, investigations was completed and the matter is at the stage of framing of charges. In meantime, parties appeared before Mediation Centre, Tis Hazari Courts and arrived at a settlement, reduced into writing on

21.11.2009. A copy of the Settlement Agreement is handed over by the counsel for the petitioners and taken on record. In terms of the settlement, the petitioners have agreed to pay a sum of ? 6,00,000/- to the respondent No.2 in full and final settlement of all her claims against the petitioners. It was agreed that a sum of? 1,50,000/- would be paid to respondent No.2 at the time of hearing of first motion filed by the petitioner No.l and the respondent No.2 jointly before the learned ADJ seeking divorce by mutual consent.

¶3Today, it is stated that the aforesaid amount has already been paid to respondent No.2. Another sum of ? 1,50,000/- was paid to respondent No.2 at the time of filing of the second motion petition. Thereafter a divorce decree dated

2.7.2010 has been passed learned ADJ granting divorce to parties by mutual consent ^ (AnnexureP-1). Today, a cheque bearing No.270848dated 27.9.2010 drawn on Andhra Bank, Special Housing Finance Branch, Gurgaon amounting to ? 3,00,000/- is handed over to the counsel for the respondent No.2. CRL.M.C.3076/2010

¶4The complainant/respondent No.2, who is present in Court and represented by her counsel, confirms the aforesaid position and affirms that parties have arrived at a settlement pursuant to which, she has received a sum of ? 6,00,000/- in full and final settlement of all her claims against the petitioners. She further states that in view of the settlement arrived at between the parties, she does not want any further action to be taken on the aforesaid FIR. She also states that she shall withdraw all other proceedings filed by her against the petitioners, including the one preferred under Section Cr.P.C. and execution proceedings arising out therefrom, on the next date of hearing fixed before the learned ADJ.

¶5Learned APP for State states that in view of settlement arrived at between the parties, he has no objection to the prayer made in the present petition being allowed.

¶6This Court has heard counsels for parties and perused the record and has also considered the submissions made by parties. In view of the fact that the parties have arrived at a ^ settlementof 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 aforesaid FIR and proceedings arising therefrom. ->

¶7Accordingly, the prayer made in the petition is allowed; (j FIR No.290/2004 complainant/respondent No.2 Police Station: Uttam Nagar, and all the proceedings arising therefrom stand quashed.

¶8The petition is disposed of. File be consigned to the record room. SEPTEMBER 27, 2010 mk HIMA KOHLI,J

34. * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3076/2010 RAKESH GUPTA & ORS Petitioners Through: Mr. Girish Gaur, Advocate petitioners in person. versus STATE &ANR .....Respondents, Through: !^r. Sunii Sharma, APP for the State. I^r. Ajay Kumar Singh, Advocate respondent No.2 in person. CORAjVi: HON'BLE |V|S. JUSTICE HliVjA KOHLI