Shri Nikhil Singhal & Ors. vs State & Anr.
2019 Latest Caselaw 5065 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                       Date of decision: October 21, 2019

+      W.P.(CRL) 2968/2019 & Crl.M.A. 38651/2019
       SHRI NIKHIL SINGHAL & ORS.                  ..... Petitioners
                         Through       Mr. Shiv Charan Garg, Advocate
                         versus
       STATE & ANR.                                 ..... Respondents
                         Through       Ms. Shivani Sharma, Advocate for
                                       Ms. Richa Kapoor, ASC for the
                                       State/R-1 with SI Vinit Kumar,
                                       P.S.: Prashant Vihar
                                       Mr. Harish Parashar, Advocate for
                                       R-2 alongwith Respondent
                                       no.2/Sakshi Singhal in person
CORAM:
       HON'BLE MR. JUSTICE BRIJESH SETHI
                    JUDGMENT

BRIJESH SETHI, J (oral)

1. Quashing of FIR No. 178/2018, under Sections 498A/406 IPC, registered at police station Prashant Vihar, Delhi is sought on the ground that the dispute between the parties stands amicably settled. Respondent no.2 is present in the court today and submits that he has settled the dispute with the petitioners without any undue influence, coercion or pressure from any source whatsoever.

2. Notice.

3. Ms. Shivani Sharma, learned counsel for the respondent/State

accepts notice and submits that petitioners as well as respondent No.2/ complainant of this FIR, who are present in the Court have been duly identified by the Investigating Officer of this case.

4. The petitioners and respondent no.2 have submitted that they have settled their disputes vide Memorandum of Understanding dated 13.08.2019. The parties have already obtained divorce by mutual consent on 21.08.2019. The settlement amount was Rs. 36,00,000/-, out of which Rs. 18,00,000/- has been paid to respondent no.2 at the time of first motion and Rs. 9,00,000/- has further been paid to respondent no.2 at the time of second motion and a demand draft of Rs. 9,00,000/- has been handed over to respondent no.2 today in the court. Copy of the said demand draft has already been placed on record.

5. Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved. Respondent No.2 further submits that now no dispute with petitioners survives and therefore, the proceedings arising out of the FIR in question be brought to an end.

6. Since the dispute stands amicably resolved between the parties, the petition is allowed and FIR No. 178/2018, under Sections 498A/406 IPC, registered at police station Prashant Vihar, Delhi and the proceedings emanating therefrom are quashed qua petitioners.

7. The petition stands disposed of. The other pending application also stands disposed of.

(BRIJESH SETHI) JUDGE OCROBER 21, 2019/savita