Sh. Varun Sehgal & Ors. vs State & Anr.
2019 Latest Caselaw 5855 Del

$~27

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    Date of decision: November 21, 2019

+      W.P.(CRL) 2926/2019

       SH. VARUN SEHGAL & ORS.                      ..... Petitioners

                          Through      Mr. Arun Yadav, Advocate
                                       alongwith petitioner nos. 2 and 3 in
                                       person
                          versus

       STATE & ANR                                  ..... Respondents

                          Through      Mr. Rajesh Mahjan, ASC with Ms.
                                       Jyoti Babbar, Advocate for
                                       Respondent no.1/State with SI
                                       Ajay Kumar, P.S.: Rajouri Garden

                                       Mr. Mahesh Kumar Gautam,
                                       Advocate for Respondent no.2
                                       alongwith respondent no.2 in
                                       person
       CORAM:
       HON'BLE MR. JUSTICE BRIJESH SETHI

                          JUDGMENT

BRIJESH SETHI, J (oral)

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 211/2018,

under Sections 498A/406/377/34 of the Indian Penal Code, 1860, registered at P.S.: Rajouri Garden and the proceedings emanating therefrom.

Learned counsel for the petitioners submits that petitioner no.1- husband and petitioner no.4-daughter (sister-in-law of the respondent no.2) are not present in the Court today, as they are presently in Canada. It is submitted that petitioner no.1/husband is represented through petitioner no.2/father of the petitioner and petitioner no.4/daughter (sister- in-law of the respondent no.2) is represented through petitioner no.3/mother, who are present in the Court today. In this regard, learned counsel for petitioners has placed on record two Special Power of Attorney dated 10.07.2019 and 12.07.2019 before this Court, which are taken on record.

The Investigating Officer, who is present in Court, has identified the petitioner nos. 2 and 3 as well as respondent no.2.

The petitioner nos. 2 & 3 and respondent no.2 have submitted that they have settled their disputes vide Mutual Agreement dated 22.06.2018. The parties have already obtained divorce by mutual consent on 02.05.2019. The settlement amount was Rs. 22,00,000/-, out of which Rs. 4,00,000/- has been paid to respondent no.2 at the time of signing of mutual agreement dated 22.06.2018 vide DD No. 669677 dated 25.06.2018, Rs. 4,00,000/- has been paid to respondent no.2 at the time of signing of mutual agreement dated 22.06.2018 vide DD No. 669738 dated 27.06.2018, Rs. 4,00,000/- has been paid to respondent no.2 at the

time of first motion and Rs. 3,00,000/- has further been paid to respondent no.2 at the time of second motion and a demand draft of Rs. 7,00,000/- has been handed over to respondent no.2 today in the court. Copy of the said demand draft has been placed on record.

Respondent no.2 reiterates the aforesaid facts and submits that they have amicably settled their dispute without any pressure or coercion from any source whatsoever. Respondent no.2 has further submitted that she has no objection if the FIR is quashed and the petition is allowed.

In view of the above settlement arrived at between the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No. 211/2018, under Sections 498A/406/377/34 of the IPC, registered at P.S.: Rajouri Garden and the proceedings emanating therefrom are quashed.

Petition stands disposed of accordingly.

(BRIJESH SETHI) JUDGE NOVEMBER 21, 2019 savita